Mens Rea (intention timeline cases)

Question 1

Give the timeline for intention?

Answer 1

1. DPP v Smith
2. Moloney
3. Hancock v Shotload
4. Nedrick
5. Wollin
6. Matthews and Alledyne

Question 2

Describe what DPP v Smith says?

Answer 2

Facts: police tried to stop d from driving away, jumped on car and d drove side to side,and police fell and died.

The court said that the d must have been a reasonable man and the jury must improve some intention. (subjective test)

convicted of manslaughter

Question 3

Describe what Moloney says?

Answer 3

Facts: D shot his step dad and killed him.

The court says that foresight of the consequence is the only evidence needed for the jury to establish intention.

convicted of manslaughter

Question 4

Describe what happens in Hancock v Shot-load?

Answer 4

Facts:miners on strike, forgot to move boulder, taxi driver crashed and died.

The court says that the consequence needs to be a probable and natural cause.

Not guilty

Question 5

Describe what happens in Nedrick?

Answer 5

Facts: d threw v of floor and v died.

Court said that the foresight of consequence must be the virtual certainty of his actions.

Not guilty

Question 6

What happens in Wollin?

Answer 6

Facts: d threw baby of wall, baby died.

the court followed Nedrick ans said it must be a virtual certainty of death.

Not guilty.

Question 7

what happens in Matthews and Alledyne?

Answer 7

Facts: d threw v into river, v died.

The court said that you don’t need to have a virtual certianity, d just needs to reasonably for see the consequence of his actions.