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Mens Rea - Coggle Diagram

- - - - Requires the consequences of the defendant to be Certain to occur
        
        Examples
        
        DPP V Smith (1961), defendant was driving a car containing stolen property, police hanged onto defendant car and was crashed by another car, and died. defendant said it was an accident and didn't have the intent. But was found guilty of murder
        
        2006, Law commission published a report to get reforms to the oblique intent. It was called Murder, Manslaughter infantized. They think it should be upheld by a statute, with 2 key points
        
        Person should be taken to intend a resultif they act to bring it about
        
        In cases where judges may not be possible, An intent to bring a result may be found if defendant thought it would be a certain result of their actions
        
        Moloney (1985), Son shot father, defendant argues he didn't aim, he just shot and didn't have the intent to kill the dad.
        
        Woodlin (1990), man throws baby, while he did not aim to kill the baby, he knew that throwing it would lead to serious injuries and as a result he was convicted of manslaughter
      - Has been an issue for decades
        
        What degree of foresight is required for oblique intent
        
        Does foresight equate to intention or evidence of intention
- - - - Example
        
        Thabo Meli v R (1954) Defendant struck a blow and rolled him off a cliff, but the victim died of exposure
        
        Defendant augured that the Actus Rea wasn't him so he can't be found of murder
        
        The court responded saying it was one series of events, with pushing the victim of the cliff being the operating factor and as long as he had the Mens rea he would be found guilty
        
        Le Brun (1991), Struck his wife knocking her unconscious, dropped her thereby killing her. As long as the defendant had the mens rea during these series of acts, it would be counter as him acting.
- - - - Might be used in mitigation to reduce sentence
- - - - Theft has dishonesty and permanently deprive
    - - In case of murder we ask whether the defendant had malice forethought, to cause GBH
    - - Other Mens Rea
        
        Intentionally, Recklessly, maliciously, knowingly, believing, dishonesty
      - Intention and Recklessness
    - - Subjective: What defendant saw from his actions
        
        Examples: Intent, Recklessness
      - Objective: Compare defendant actions with the perspective of a reasonable person