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
  • Mohan
  • R v Matthews & Alleyne
  • Woollin 1998
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2. 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.

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

3. 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.

4. The MR of murder is...

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

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

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

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