Mens Rea - (murder)

Question 1

Mohan?

Answer 1

direct intention
D’s aim, purpose and desire
obvious D intended the outcome

Question 2

Woolin?

Answer 2

virtual certainty test for indirect intent, where it is not obvious what D intended

1) was death or serious injury a virtual certainty?
2) did D realise this ?( subjective)

Question 3

Cunningham?

Answer 3

subjective recklessness

D sees an unjustified risk but takes it anyway (subjective)

Question 4

R v G +R

Answer 4

subjective test confirmed for recklessness
must prove D was aware of risk of harm and took it regardless

Question 5

Caldwell?

Answer 5

OVERRULED BY RvG&R
objective recklessness
where risk is obvious to any sober/reasonable person

Question 6

Latimer?

Answer 6

where malice is transferred from intended V to actual V

Question 7

Pembilton?

Answer 7

malice can only be transferred between similar to crimes, between person to person or object to object

Question 8

Church?

Answer 8

coincidence rule

actus reus and men’s rea are a continuing act and as long as they occur at some point the crime is complete
(actus reus is a continuing act and as long as D has the men’s rea at some point then crime is complete?)