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Chapter 20: Mens Rea (20.2 Intention (specific intent) (20.2.2 Foresight…
Chapter 20: Mens Rea
20.2 Intention (specific intent)
20.2.1 Direct and oblique intent
Handcock and Shankland 1986
D wants to stop V's car so D pushes a concrete block from a bridge onto the road.
Direct intent
Concrete hits road and forces car to stop
Oblique intent
Driver of car is hit by concrete and killed. Not the intended result.
20.2.2 Foresight of consequences
Moloney 1985
Foresight of intention is only evidence of intention, it is not intention in itself.
Woollin 1998
Was death or serious injury a virtual certainty?
Did the defendant appreciate it?
20.2.0 Mohan
The decision to bring about the prohibited consequence no matter wether the accused desired that consequence of his act or not.
Motive is not the same as intent and is before not relevant.
20.3 Subjective recklessness
20.3.1 The case of
Cunningham
Where the defendant knows there is a risk but takes it anyway.
20.6 Coincidence of actus reus and mens Rea
20.6.1 Continuing act
20.5 Transferred malice
20.5.1 General malice
20.4 Negligence