Mens rea cases

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R v Clarke
Woman caught stealing. Was able to show she suffered from absentmindedness due to depression. She therefor lacked MR for theft and was acquitted.
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Mohan
Said intention is not the same as motive. D's reason or motive for doing the act is not relevant. Intention is a decision to being about a certain consequence.
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Woolin
Leading case. Said the consequence must have been a virtual certainty and the defendant must have realised this. Where the jury was satisfied on both these two points, then there was evidence on which the jury could find intention.
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R v Cunningham
Said 'maliciously' in a statute has the meaning of either intention or subjective recklessness.
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Savage
Confirms the principle in Cunningham that maliciously means doing something intentionally or being subjective reckless about the risk involved.
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Gammon v Attorney General
Gammon test comes from this case
6 of 11
R v Prince
Taking a girl under 16 out of the possession of her parents. Example of strict liability
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Callow v Tillstone
Butcher. Example of strict liability
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Alphacell v Woodward
Pollution. Example of strict liability
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Storkwain
Supplying drugs without prescription. Example of strict liability
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Sweet v Parsley
Presumption of mens rea comes from this case
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Other cards in this set

Card 2

Front

Said intention is not the same as motive. D's reason or motive for doing the act is not relevant. Intention is a decision to being about a certain consequence.

Back

Mohan

Card 3

Front

Leading case. Said the consequence must have been a virtual certainty and the defendant must have realised this. Where the jury was satisfied on both these two points, then there was evidence on which the jury could find intention.

Back

Preview of the back of card 3

Card 4

Front

Said 'maliciously' in a statute has the meaning of either intention or subjective recklessness.

Back

Preview of the back of card 4

Card 5

Front

Confirms the principle in Cunningham that maliciously means doing something intentionally or being subjective reckless about the risk involved.

Back

Preview of the back of card 5
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