Mens Rea

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  • Created by: Edward
  • Created on: 27-02-16 17:36
Mohan (1976)
Direct intention = a decision to bring about the commission of an offence no matter whether the def desired the conseq’s of his act or not
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Nedrick/Woollin
A jury may find that a def intended an outcome if it was a VC consequence of his actions and he realised this was the case
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Cunningham (1957)
The def had foreseen that a particular harm might be done, and has gone on to take the risk of it – HIGH PROB
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R v G (2003)
Subj test of recklessness = was the def aware of a risk of the damage/destruction of prop and, in the circums, was it unreasonable for her to take that risk?
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Thabo Meli (1954)
Single transaction theory – this was all one series of acts carrying out a preconceived plan of action – they could not be viewed as sep acts – AR and MR were each present during diff parts of the transaction
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Church (1966)
Single transaction theory applied where there was no preconceived plan
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Le Brun (1991)
Church was applied
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Latimer (1986)
The malice (MR) for planned offence must be same as that of resulting offence
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Gnango (2011)
Where AR and MR relate to diff types of offences, the doc of transferred malice does not operate
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Pembliton (1874)
Whereas def had intended to strike group of people, he had not intended to break the window
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A-G’s Ref (1998)
The MR could only be transferred once and a double transfer of intent was not permitted
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Other cards in this set

Card 2

Front

A jury may find that a def intended an outcome if it was a VC consequence of his actions and he realised this was the case

Back

Nedrick/Woollin

Card 3

Front

The def had foreseen that a particular harm might be done, and has gone on to take the risk of it – HIGH PROB

Back

Preview of the back of card 3

Card 4

Front

Subj test of recklessness = was the def aware of a risk of the damage/destruction of prop and, in the circums, was it unreasonable for her to take that risk?

Back

Preview of the back of card 4

Card 5

Front

Single transaction theory – this was all one series of acts carrying out a preconceived plan of action – they could not be viewed as sep acts – AR and MR were each present during diff parts of the transaction

Back

Preview of the back of card 5
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