Mens Rea

Question 1

What is the leading case on mens rea?

Answer 1

Mohan

Question 2

What are the three levels of mens rea

Answer 2

Intention

Recklessness

Negligence

Question 3

What isn’t relevant to intention

Answer 3

Motive

Question 4

Define direct intent

Answer 4

The typical situation where the consequences of D’s actions are desired

Question 5

Which case defines oblique intent

Answer 5

Woollin

Question 6

How does woollin define oblique intent

Answer 6

If D subjectively foresees the consequence of his actions as a virtual certainty then the jury may be entitled to find the necessary intention

Question 7

What did DPP v Smith establish?

Answer 7

An objective test for oblique intent should be used

Question 8

What did the criminal justice act define in relation to oblique intent

Answer 8

This changed it to a subjective test

Question 9

What did the case of Moloney establish for the law on oblique intent

Answer 9

The jury should ask themselves if the consequence was a natural one

Question 10

How did Hancock and Shankland develop the law of oblique intent

Answer 10

Added reference to probability of the consequence

Question 11

How did Nedrick develop the law of oblique intent

Answer 11

Said the consequence had to be recognised by D as a virtual certainty

Question 12

Which word did Woollin change?

Answer 12

Changed infer to find

Question 13

How did Matthews and Alleyne interpret the word find?

Answer 13

Said foresight was evidence of intention and the jury decides if it’s sufficient for the mens rea

Question 14

How did Re A interpret the word find?

Answer 14

Said foresight is intention

Question 15

Was Matthews and Alleyne or Re A the correct interpretation?

Answer 15

Matthews and Alleyne

Question 16

Which case is the leading authority on recklessness?

Answer 16

Cunningham

Question 17

What is the test for recklessness?

Answer 17

Where D knows there is a risk of the consequence but takes that risk anyway

Question 18

What did Caldwell create?

Answer 18

A two part test was established which included subjective and objective elements

Question 19

Give the significance of Elliot

Answer 19

The objective test for recklessness was used and produced an unfair result

Question 20

Why was the decision in Elliot unfair

Answer 20

A 14 year old girl with learning difficulties was held to the standard of a normal adult

Question 21

Give the significance of R v R + G

Answer 21

This confirmed that the test for recklessness is subjective

Question 22

Define negligence

Answer 22

Where D fails to meet the standards of a “reasonable man”

Question 23

Is the test for negligence an objective or subjective one?

Answer 23

Objective

Question 24

Give two examples of offences for which negligence is sufficient

Answer 24

Driving without due care and attention

Gross negligence Manslaughter

Question 25

What is required in some circumstances in order for mens rea to be established

Answer 25

Knowledge

Question 26

Which case illustrates knowledge

Answer 26

Sweet v Parsley

Question 27

Give the significance of Sweet v Parsley

Answer 27

D had no knowledge that cannabis was being grown on her property so did not have the necessary mens rea

Question 28

Define transferred malice

Answer 28

D can be guilty of an offence if he intended to commit a similar crime against another victim

Question 29

Give the facts of Latimer

Answer 29

D aimed to hit a man with a belt, it bounced off the man and struck a woman in the face

Question 30

Give the facts of Gnango

Answer 30

D’s had a street fight with guns, a passerby was shot and killed

Question 31

Give the facts of Pembilton

Answer 31

D threw a stone intending to hit a group of people but it smashed a window instead

Question 32

Give the significance of Pembilton

Answer 32

D wasn’t liable because smashing the window was not a similar offence

Question 33

Define the coincidence of mens rea and actus reus

Answer 33

In order for an offence to take place, both the actus reus and mens rea must be present at the same time

Question 34

Give the facts of Thabo Meli

Answer 34

D’s pushed a man off a cliff thinking they’d killed him, he was still alive and died of exposure

Question 35

Give the significance of Thabo Meli

Answer 35

D’s were guilty because the mens rea and actus reus were combined in a series of acts

Question 36

Describe the rule of a continuing act

Answer 36

Where there is a continuing act for the actus reus and at some point during the Act D has the necessary mens rea then the two coincide and D can be liable

Question 37

Which case illustrates a continuing act

Answer 37

Fagan

Question 38

Give the facts of Fagan

Answer 38

D accidentally drove on a policeman’s foot, the policeman asked him to move the car and D refused

Question 39

Give the ratio of Fagan

Answer 39

The continuing act was D’s car on his foot and the mens rea was present when he refused to move