Mens Rea & Strict Liability Flashcards
R v Latimer (1886)
The defendant attempted to hit a man with the belt, but missed. The blow was instead redirected to a woman standing next to the intended victim. The woman was severely injured. This is a doctrine of transferred malice and it was held that the mens rea for the original victim could be transferred to the new victim.
R v Moloney 1985
The appellant had shot his father in a drunk game of who can load the shotgun faster. It was held that as long as the consequence was foreseen, it did not matter the purpose & no special direction should be given to the juries on intention.
Woollin [1999]
D lost his temper with his 3 months old son and threw the child onto a hard surface, causing head injuries from with which the child died. It was held if the jury could only find the necessary intention of they feel death or serious bodily harm was a virtual certainty & the defendant realised this was the case.
Cunningham [1957]
D took the gas meter from a wall of a house and stole money from it. The case escaped and injured the woman next door. It was held that D didn’t not realise that removing the gas meter would cause that kind of injury and therefore was not guilty. This is the recklessness test.
R v Lamb [1967]
Two boys were playing with a revolver. Both boys believed the gun couldn’t fire and as he pulled the trigger, the gun went off and killed the boy. It was held that the original conviction of unlawful act manslaughter was wrong as the victim was not assaulted.
Sweet v Parsley [1970]
School teacher let her house to student. She was unaware of the fact that the students were smoking weed. She was charged with an offence under
dangerous
drugs
act. It was held that mens rea was required and therefore the teacher is not guilty.
