Mens Rea
- Created by: georgiaball10
- Created on: 27-04-16 18:24
Other questions in this quiz
2. What is transferred malice?
- Where the D intends to commit a similar offence against one person but instead commits is against another. Don't have to be the same or similar - Latimer.
- Where the D intends to commit a similar offence against one person but instead commits is against another. Must be the same or similar - Latimer.
- Where the D intends to commit a different offence against one person but instead commits another - HLBC v Shah
3. What is the coincidence rule?
- Where the D knows there is a risk but takes it anyway - Cunningham
- In order for D to be guilty of offence, AR and MR must happen at same time - Fagan v MPC
- In order for D to be guilty of offence, AR and MR must happen at different times. - Latimer
- Where D is guilty of an offence simply for committing the AR not the MR. - Larsonneur
4. What is indirect intent?
- Where aim of the D is different to the actual consequence. R v Woollin established the virtual certainty test
- Defined in R v Cunningham as when the D realises there is a risk but takes that risk anyway.
- Defined in R v Mohan as the decision to bring about a prohibited consequence.
5. What is direct intent?
- Defined in R v Mohan as the decision to bring about a prohibited consequence.
- Where aim of the D is different to the actual consequence. R v Woollin established the virtual certainty test
- Defined in R v Cunningham as when the D realises there is a risk but takes that risk anyway.
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