chapter 20 mens rea Flashcards
what is direct intent?
defendant intends the specific consequence to occur
what is oblique intent?
defendant doesn’t desire an outcome it is not their aim or purpose. Their aim or purpose is something different
what is woolin?
d threw his three month old baby towards his pram which was against a wall some 3 or 4 ft away the baby suffered had injuries and died
problems with the decision in woolin
use of the word infer in S8 of the criminal justice act 1967
use of the word find means that foresight of consequence is intention and not merely evidence of it
Matthews and Alleyne 2003
defendants dropped the victim 25 feet from a bridge into a deep fast flowing river knowing he couldn’t swim so drowned
what is subjective recklessness?
this is a lower level of men’s rea than intention recklessness is where the defendant knows there is a risk of the consequence happening but takes that risk
case for recklessness
Cunningham-gas meter torn from house to steal money but caused gas to seep into house next door where a woman was affected by it
what is negligence?
fail to meet the standards of the reasonable person
what is transferred malice?
defendant can be guilty if they intended to commit a similar crime but against a different victim
case for transferred malice
latimer-d aimed a blow with a belt at a main in a pub because that man attacked him
