Mens Rea

Question 1

Direct intent

Answer 1

R V Mohan

Question 2

Indirect intent

Answer 2

Vertically certain 99%
R V woolin

Question 3

Recklessness

Answer 3

Outcome not intended or vertically certain yet there is risk
R V Cunningham

Question 4

What is transferred malice

Answer 4

Where D men’s Rea is transferred from intended V to actual V

Question 5

Transferred malice case

Answer 5

R V Latimer
R V Mitchell

Question 6

Can transferred malice be to property

Answer 6

No - R V pemblington

Question 7

What is strict liability

Answer 7

Where crime does not need men’s Rea only actus Reus
- if done guilty guilty mind is irrelevant

Question 8

Case for strict liability

Answer 8

Smedly V breed - even if reasonable care is taken

Question 9

What is strict liability not for

Answer 9

Sweet V parsley- those truly not criminal in nature

Question 10

What is contemporality rule

Answer 10

Actus Reus and men’s Rea should occur at same time for crime unless a SERIES OF EVENTS

Question 11

Case for contemporarily rule

Answer 11

Thabo meli - series of event can allow for actus and men’s Rea to come at different times

Fagan V MPV

Question 12

When does transferred malice not apply

Answer 12

Where the crime that occurred was different from that was inteneo