Law - Mens Rea

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1. 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
  • DPP v Smith 1961
  • R v Matthews & Alleyne 2003
  • Woollin 1998
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2. 'It was clear from the evidence that D's main aim was to seriously injure a police officer when he accelerated hard at him.'

  • Nedrick 1986
  • Mohan
  • DPP v Smith 1961
  • Woollim 1998

3. Basic Intent Crimes

  • Crimes can be committed intentionally or recklessly (assault, battery, s.47, s.20)
  • Crimes where the only MR is intention (murder, s.18, theft)

4. The CJA 1967 s.8 - 2 things were made clear in this:

  • Intention in criminal cases should be assessed subjectively (the jury must decide what the actual D I or foresaw). AND. If D can foresee the consequence, this is only evidence that D I the consequence, it does not mean he I the consequence.
  • Recklessness in criminal cases should be assessed subjectively (the jury must decide what the actual D I or foresaw). AND. If D cannot foresee the consequence, this is only evidence that D I the consequence, it does not mean he I the consequence.

5. 'It is necessary for the judge to direct the jury that they may only find an I to kill or do serious bodily harm if they are satisfied that: - Death or serious bodily harm was a v.c - D appreciated that death or serious bodily harm was a v.c

  • Lord Denning
  • Lord Steyn
  • Lord Mance

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