Mens Rea Criminal Law Case List PDF

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Summary

Case List for Mens Rea...

Description

Mens Rea Case List Name

Facts

Principle

Intention R V Vickers 1957

Defendant broke into shop cellar. Defendant attacked the elderly female owner who died from her injuries. Guilty

It was held the intention to inflict serious bodily harm was enough to Impose Culpability for murder

DPP V Smith 1961

Police man died after being swung into trafci Guilty- Appeal -Conviction Lessened - Appeal Guilty

Oblique Intention Objective Test

R V Matthews & Alleyne 2003

Defendants pushed the victim into a river from a bridge, knowing he could not swimi Defendants watched him head towards the bank but did not stay to see if he got outi The victim drownedi Guilty

Judge Misdirection : Nedrick Test is an option not a necessary stepi The charge was therefore lessened to Manslaughteri

R V Hyam 1975

D poured petrol through her Ex

Highly Probable Test

Boyfriend's new Girlfriend's Door which ended up killing her two daughters Guilty

R V Moloney 1985

Race to load a shotgun, in the process V shot his step-dadi Guilty

No oblique intention due to lack of desire but Actions = Consequences

R V Hancock and Shankland 1985

D’s were miners on strike who tried to block others from entering work by blocking the road with rubble, a piece of rubble hit and killed a Taxi driver Guilty

Followed the Test of Moloney (as no harm was intended by the D’s)

R V Nedrick 1986

D put petrol through Established Virtual the V’s letterboxi Certainty Testi House caught fre , tenants diedi Jury wasn't certaini Conviction Quashed

R V Woollin 1999

D Killed a babyi Judge misdirected Juryi Guiltyi Charge lessened to Manslaughter

HOL confrmed the Virtual Certainty Test in Nedricki

R V Inglis 2011

Mother Killed her son who was in a vegetative state by OD-ing him with Heroini Had intentioni Appealed against Conviction Upheld - Guilty

The law with regards to murder does not distinguish its reasonsi The Removal of Life support(Passive Euthanasia) Legali Active termination of life (Aggressive Euthanasia)Illegali

Transferred Malice R V Latimer 1886

D in pub , wanted to hit someone with his belt , missed , hit someone else Guilty

MR was for the man AR was for the woman ; intention to commit the same crime; can be transferred

R V Pembliton 1874

D threw a rock into the crowd in order to hit someone, it smashed a window insteadi Guilty of Criminal Damage

D had MR for one crime and the AR for another; Malice cannot be transferredi

Recklessness MPC V Caldwell 1982

D got drunk and set fre to his old place of worki Guilty of Arson

D Tested Objectively

R V Cunningham 1957

D pulled gas meter out of wall to gain moneyi The gas meter leaked Noxious Gas into another fati Acquitted

Tested Subjectively

R V G & Another 2003

2 young boys set a wheelie bin on frei the fre spread to the building next to it and caused £1 million worth of damage Acquitted

The HOL used their practice statement back to a Subjective Test

Elliott V C 1983

14 year old girl with low intelligence ran away , slept in a shed, set the foor of the shed on fre Guilty

Used the Objective Testi Criticised for being unfair

Contemporaneity

Fagan

Car on Police man’s footi AR and MR did coincidei Guilty

AR and MR have to coincidei Continuing Act Theory

R V Thabo Meli

D’s intended to kill a mani They beat himi Thought he was deadi Pushed him of a clifi Died from hypothermiaiGuilty i Appealedi MR and AR did not coincidei Conviction Upheld

The Actions were that of one Continuing Acti

R V Le Brun

D knocked his wife unconsciousi He dragged her away to avoid detection, whilst dragging her she hit her head on the kerb fracturing her skull, and she diedi Guilty Manslaughter

The original unlawful act with its accompanying mens rea was not the direct cause of death, but the unlawful act and the act causing death were part of "the same sequence of events", and that was sufcienti...