Question 1

What is the 'golden rule' set down by Lord Bridge in Moloney?&#10;A) Judges should define 'intention' by referring to a dictionary.&#10;B) Judges should tell juries that intention has no meaning.&#10;C) In most cases judges should not define intention but tell juries to give intention its normal meaning.&#10;D) Judges should tell juries to find intention only if a result is very likely to occur.

Accepted Answer

Lord Bridge in Moloney said that normally a judge should avoid 'any elaboration or paraphrase' of what is meant by intention. The word should be given its normal meaning.

Question 2

Intention means the same as motive.

Accepted Answer

A defendant may intend a result, even if he is not acting with the motive of producing that result.

Question 3

The Woollin direction on intention should only be given in rare cases.

Accepted Answer

In MD the Court of Appeal held that the Woollin direction is not needed for normal cases.

Question 4

The Woollin direction states that the jury are entitled to find intention in which of the following cases?&#10;A) The defendant realised that there was a substantial risk that the result would occur.&#10;B) The result was the natural result of the defendant's actions and the defendant realised this.&#10;C) The defendant foresaw the result as a virtually certain result of his actions.&#10;D) The result was a virtually certain consequence of the defendant's actions and he realised that.

Accepted Answer

Under Woollin the jury are entitled to find intention if the result was a virtual certainty as a result of the defendant's actions and the defendant appreciated that such was the case.

Question 5

A drunken intent is still an intent.

Accepted Answer

A drunken defendant who intends a result still intends it. It is no defence that he was drunk at the time.

Question 6

Which of the following is the correct definition of recklessness?&#10;A) reasonable foreseeability of a risk&#10;B) foresight of a high risk of harm&#10;C) acting in a foolish way&#10;D) awareness of a risk which was an unreasonable one to take

Accepted Answer

Recklessness requires proof that the defendant was aware there was a risk that her conduct would cause a particular risk and that the risk was an unreasonable one to take.

Question 7

A drunken defendant cannot be found reckless.

Accepted Answer

Defendants who were voluntarily intoxicated at the time when they committed the offence and therefore failed to foresee a risk they would have foreseen if sober will be treated as reckless.

Question 8

A defendant is negligent if s/he behaved in a way in which a _____ person would not have done.

Accepted Answer

The answer of A defendant is negligent if s/he behaved...

Question 9

If D intentionally shoots at A, but misses and kills B, D is taken to have intended to kill B.

Accepted Answer

The doctrine of transferred mens rea means that D's intention to kill A can be transferred to B, so that he is taken to intend to kill B.

Question 10

Generally speaking motive is not relevant in criminal law

Accepted Answer

Deck 3: Mens Rea: The Mental Element