Law - Mens Rea

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1. D pushed their v from a bridge knowing he couldn't swim, he fell 25ft and drowned. The trial judge told the jury that death was a virtual certainty & D appreciated this.

  • Nedrick
  • R v Matthews & Alleyne
  • Woollin 1998
  • Mohan
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2. DPP v Smith was criticised by the Law Commission as -

  • looking at it from a reasonable man's POV ignores what the D see's
  • D had no intention
  • looking at it from the D's POV ignores what a reasonable man would have seen
  • D could not have foreseen what would have happened

3. D was driving his car, was ordered to stop by a policeman. He failed to do this so the policeman jumped on the bonnet of his car, D swerves and sped off to avoid the policeman, he was thrown off and killed.

  • Nedrick 1986
  • Woollin 1998
  • DPP v Smith 1961
  • R v Matthews & Alleyne 2003

4. The CA guidelines if the D is denying D I: ' The jury should be directed that they are not entitled to infer the necessary oblique intent unless they feel that -Death or serious harm was a virtual certainty - D appreciated that such was the case

  • True
  • False

5. Mens Rea is the ...

  • Mental Element
  • Physical Element

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