Mens Rea of Murder case facts



Direct Intent: A PC signalled the D to stop the car, D slowed down and then accelerated towards the PC. Held that the court stated that direct intent is where the D does everything they can to bring about a desired result.

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DPP v Smith (1961)

Oblique Intent (Only for essays as it is Old law): D was asked by a PC to stop his car which contained stolen goods, instead he sped off with the officer, killing him. Held that D would be liable if the reasonable man foresaw a risk of death or serious injury, and imposed and objective test.

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D violently shook his 3 month old baby who was choking, he threw the baby towards a pram several feet away which killed him. It was held that the HoL overruled the conviction and held the jury were entitled to find intent where they considered that the D foresaw death or serious injury as a virtual certainty.

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