Law - Mens Rea

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1. Killed 3 month old son, threw him against a wall & fractured his skull - died. Claimed real intention was to stop the baby's crying, not to kill.

  • R v Matthews & Alleyne 2003
  • Mohan
  • Woollin 1998
  • Nedrick 1986
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2. The MR of murder is...

  • Intended to kill or cause grievous bodily harm
  • Recklessly caused grievous bodily harm
  • Reckless to kill or cause grievous bodily harm
  • Intended to cause grievous bodily harm

3. Specific Intent Crimes -

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

4. 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

5. The defendant will only be found guilty if ...

  • It is shown that he intended or was reckless to commit the crime.
  • It is shown that he intended to commit the crime.
  • It is shown that he was reckless to commit the crime.
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