Mens Rea

Question 1

Define Mens Rea

Answer 1

Mental element or degree of blameworthiness

Question 2

What crimes are specific intent crimes?

Answer 2

Murder
Theft
S18 GBH

Question 3

What crimes are basic intent?

Answer 3

Assault
Battery
S47 ABH
S20 GBH

Question 4

Define direct intent

Answer 4

D intended the consequence of his actions

Question 5

What is the case for direct intent?

Answer 5

Mohan

Question 6

What does Mohan tell us?

Answer 6

Consequence was Ds main aim or desire

Question 7

Define oblique intent

Answer 7

Consequence wasn’t the main purpose of Ds actions

Question 8

What is the case for oblique intent?

Answer 8

Woolin

Question 9

What are the three POL in Woolin?

Answer 9

1- death or serious harm was a virtual certainty of Ds actions
2- D appreciated that such was the case

3- If they are satisfied with this they may FIND intention

Question 10

How do the cases of Woolin and Nedrick differ?

Answer 10

Find changes to infer

Question 11

What did Cunningham say ‘maliciously’ meant?

Answer 11

Intentionally or recklessly

Question 12

What type of test is Cunningham?

Answer 12

Subjective

Question 13

What is the POL in Cunningham?

Answer 13

D foresees the risk and goes on to take it

Question 14

Define transferred malice

Answer 14

This is the law that allows the MR against a person to be transferred and marry with the AR of causing death on the unintended victim

Question 15

What cases are used for transferred malice?

Answer 15

Latimer and Mitchell

Question 16

What does the case of Pembilton tell us?

Answer 16

If the D has the MR of one crime and the AR of another they don’t coincide so cannot be convicted