Law - Mens Rea

1. 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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2. DPP v Smith was criticised by the Law Commission as -

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

3. 'It was clear from the evidence that D's main aim was to seriously injure a police officer when he accelerated hard at him.'

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

4. 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.

  • Mohan
  • Woollin 1998
  • R v Matthews & Alleyne
  • Nedrick

5. 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.

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