OCR - Law, Mens Rea, Cases

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Mens Rea - Cases
Name Happened Point of Law
Intentionspecific
intent
Mohan 1975 D was driving his car Intent is an essential
and responded to a ingredient of an attempt
police officer's signal to and is the only mens rea of
stop. D slowed down attempts
but then accelerated
towards the PC. The PC
moved out of the way,
D drove off. D was
charged with attempt
to cause bodily harm
Foresigh of
consequence
Moloney 1985 D and V (D's stepfather Foresight of consequence
of whom D was very is not intention but only
fond) had a contest as evidence of intention
to loading and firing a
shotgun. D a serving
soldier shot V without
aiming. V taunted D to
fire the gun. Incident
occurred during a late
night of drinking.
Hancock and Shankland In the midst of a If the greater the
1986 miner's strike in which probability of the result
they were participating, then it will have a greater
H and S pushed a probability of beign
concrete block and post foreseen, therefore greater
from a bridge over the probability of being
road along which V was intended
driving M the latter was
killed in the collision.
Nedrick 1986 D poured paraffin Jury not intiltled to infer
through the letterbox intention unless sure death
of a house and set it or harm was a virtual
alight, resulting in the certainty
death of a child.
Woolin 1998 D lost his temper with The jury, should be
his threemonthold son directed that they
and threw the child are entitled to find the
onto a hard surface, necessary intention if they
causing head injuries feel sure that death or

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Mens Rea - Cases
from which the child serious bodily harm was
died. a virtual certainty barring
some unforeseen
intervention as a result of
the defendant's
actions, and that the
defendant realised such
was the case, and that the
word infer shall not be
used but the word find
instead
Recklessness
Cunningham 1957 He tore the gas meter The word "maliciously" in a
from the wall and from statutory crime means
its pipes and stole foresight of consequence,
money from it.…read more

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Mens Rea - Cases
shop, cause £1m of circumstances known to
damage him,unreasonable to take
the risk
Negligence
Adomako 1994 D, an anaesthetist, gross negligence depends
failed to observe during on the seriousness of the
an eye operation that breach of the duty
the tube inserted in V"s committed by the
mouth had become defendant in all
detached from the circumstances which he
ventilator, causing V to was placed when it
suffer a cardiac arrest occurred , having regard to
and eventually die.…read more

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Mens Rea - Cases
C, missed and wounded in some respects, is an
the landlady V unintended one
Actus Reus and Mens
Rea
Thabo Meli V R 1954 Thabo Meli and his Actus and mens were
friends took their victim present throughout no
to a small hut and beat need to separate them,
him over the head there was a causal
intending to kill him. link.…read more

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Tangila


You can tell this is good before you even start reading. Thank you!

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