Mens rea

Cards (12)

  • Mohan (Intention)
    Gives definition of direct intention
  • Woolin (Intention)
    sets out virtual reality test for indirect Intention
  • Matthews and Alleyne (intention)
    Confirms that the virtual certainty test in Woolin allows jury to infer intention
  • Cunningham (recklessness)
    Defendant broke pre-pay gas meter to steal money and gas escaped into next door and neighbour became ill - sets out definition for subjective recklessness
  • Fagan V MPC (contemporaneity rule)
    Defendant accidently stopped car on policeman's foot but when asked to remove he refused and swore at him - continuing act where actus reus committed over period of time
  • Church (contemporaneity rule)
    Defendant panicked victim was dead and threw unconscious body into the river where she drowned - chain or series of events
  • Mitchell (transferred malice)
    Defendant pushed elderly man which caused him to fall on elderly lady who died.
  • Latimer (transferred malice)
    Defendant hit victim 1 with belt but it recoiled and hit victim 2 and a bystander
  • Pemblition (transferred malice)
    Defendant threw stone but missed intended victim and broke a window - didn't have intention to break window
  • Alphacell V Woodward (strict liability)
    Defendants were papermakers and there was an overflow from a tank which caused polluted water to enter a river - still guilty even though event couldn't be predicted
  • Sweet V Parsley (strict liability)
    Not strict liability as HOL decided statute didn't specifically exclude mens rea
  • Gammon LTD V Attorney - general for Hong Kong (strict liability)
    sets out general criteria for a crime to be strict liability