Mens Rea

Question 1

What Maloney tells us

Answer 1

• Foresight infers intention
• Golden Rule
• Motive infers intention
• Intoxication infers intention

Question 2

Woolin & its implications

Answer 2

VC & D aware of such

• Matthew & Alleyne [2003] Jury MAY find intent
• Should only sub. strand be necessary?
• Re A (Children) [2001]: Conjoined twins = murderous intent? Overcome with doctrine of neccessity

Question 3

Cunningham Recklessness

Answer 3

• D aware risk that conduct would cause x
• Unreasonable
• Parker [1977] Deliberate act knowing or closing his mind to the obvious fact that there is some risk of damage resulting from that act but nevertheless continuing in the performance of that act
• R v G: Voluntary intoxication bares no says; treated as wilful blindness