Mens Rea in Criminal Law

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Questions and Answers

What is required by the prosecution to establish in specific intent crimes like murder?

  • Intention (correct)
  • Negligence
  • Causation
  • Recklessness

In the case of Hyam v DPP, what did the court rule regarding the defendant's actions?

  • The defendant intended to cause harm
  • The defendant lacked intent (correct)
  • The defendant was not aware of the consequences
  • The defendant only acted recklessly

According to R v Moloney, what did the trial judge incorrectly tell the jury about intention?

  • Intention is irrelevant in criminal cases
  • Intent can be inferred from actions alone
  • Intention can be based on desire alone
  • Intention requires foreseeing the consequences (correct)

What did the House of Lords (HOL) disapprove in the direction given to the jury in R v Moloney?

<p>The instruction that foreseeing consequences equals intention (B)</p> Signup and view all the answers

What did Lord Bridge suggest as a general rule regarding jury directions on the meaning of intention?

<p>Jury should not be directed about the meaning of intention (A)</p> Signup and view all the answers

In Hyam v DPP, why was the defendant convicted despite not intending for the tragic outcome?

<p>The defendant acted with full knowledge of the likely outcome (B)</p> Signup and view all the answers

What did R v Moloney clarify about foreseeing consequences and intention?

<p>'Foreseeing' does not automatically mean 'intending' (D)</p> Signup and view all the answers

'Foreseeing a consequence as being a natural consequence' is relevant to which type of intention according to L. Bridge's questions?

<p>'Oblique' or 'indirect' intention (A)</p> Signup and view all the answers

'Was death or serious injury a natural consequence of the defendant's voluntary act?' - This question helps determine...

<p>'Direct' or 'specific' intention (B)</p> Signup and view all the answers

'Did the defendant foresee that consequence as being a natural consequence of his act?' - This question relates to understanding...

<p>'Direct' or 'specific' intention (A)</p> Signup and view all the answers

Flashcards

Specific Intent in Murder

The prosecution must prove the defendant intended to kill or cause serious harm.

Hyam v DPP Ruling

Defendant was convicted even without intending the tragic outcome, highlighting the knowledge of likely consequences.

Moloney's Incorrect Jury Direction

The trial judge wrongly equated foreseeing consequences with intending them.

House of Lords Disapproval (Moloney)

The House of Lords criticized the judge's instruction on intention in the Moloney case.

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Lord Bridge's General Rule

Avoid directly defining intention for juries; use specific questions instead.

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Oblique/Indirect Intention

Intention where the consequence was a natural outcome, even if not the primary aim.

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Direct/Specific Intention

Intention where the consequence was the desired outcome of the defendant's actions.

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Natural Consequence Question

Was the serious harm a natural outcome of the defendant's voluntary act?

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Foreseen Natural Consequence Question

Did the defendant foresee the serious harm as a natural consequence of their act?

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Foresight and Intention (Relation)

'Foresight' of a consequence doesn't automatically mean intent.

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