Mens rea cases

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  • Created by: birds
  • Created on: 30-10-15 16:40
Facts of Moloney (1985)
D shot his setp-father in 'quick on the draw' incident.
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Law on Moloney (1985)
Foresight of consequence is not the same as intention, its evidence of intention.
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Facts of Hancock & Shankland (1986)
Miners on strike dropped a concrete block down a bridge, killing a taxi driver.
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Law on Hancock & Shankland (1986)
The greater the probability of a consequence, the more likely it is that the consequence was foreseen and if that consequence was foreseen the greater the probability is that, the consequence was also intended.
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Facts of Nedrick (1986)
Defendant poured paraffin through the letter box, causing fire in the house. This resulted in the death of a child.
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Law on Nedrick (1986)
Jury not entitled to infer the necessary intention unless sure that death or serious bodily harm was a virtual certainty and that the defendant appreciated that.
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Facts of Woollin (1998)
Defendant threw his three-month old baby towards pram few feet away from the wall, causing the death of the child.
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Law on Woollin (1998)
The direction of Nedrick should not have used the word' infer'.Instead, the jury should be told they are entitled to 'find' intention.
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Facts of Re A (2000)
Doctors wanted to operated on conjoined twins but knew this would cause one them to die.
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Law on Re A (2000)
Court thought that Woollin made it law that foresight of consequences is intention
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Facts of Matthews & Alleyne (2003)
Defendants threw the V into a river where he drowned.
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Law on Matthews & Alleyne (2003)
Woollin meant that foresight of consequences is not intention. It is a rule of evidenc. If a jury decided that defendant foresaw the virtual certainty of death or serious injury then they are entitled to find intention but they do not have to do so.
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Other cards in this set

Card 2

Front

Foresight of consequence is not the same as intention, its evidence of intention.

Back

Law on Moloney (1985)

Card 3

Front

Miners on strike dropped a concrete block down a bridge, killing a taxi driver.

Back

Preview of the back of card 3

Card 4

Front

The greater the probability of a consequence, the more likely it is that the consequence was foreseen and if that consequence was foreseen the greater the probability is that, the consequence was also intended.

Back

Preview of the back of card 4

Card 5

Front

Defendant poured paraffin through the letter box, causing fire in the house. This resulted in the death of a child.

Back

Preview of the back of card 5
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