THE UNIVERSITY OF TECHNOLOGY, JAMAICA

THE FACULTY OF LAW

CRIMINAL LAW I
TUTORIAL SHEET Unit 4 –
B. MENS REA

________________________________________________________________________
QUESTIONS

1. ‘There are as many views on the mens rea of murder as there are cases. The last
40 years has witnessed a sad inability of the courts to sort it out coherently and
precisely.” Discuss

2. Joshua sets fire to a house knowing that it is occupied by Kim. The house burns
down killing Kim. Joshua says that he merely wished to frighten Kim and thought
that she would probably be able to escape through the back exit. However,
unknown to Joshua, Peter, a neighbour, who sees the house on fire, goes and seals
off the back exit with a heavy door frame made of steel in the hope of preventing
the fire from spreading to his property.

Advise Joshua of his liability, if any, for Kim’s death.

3. “The problem with the Woollin direction is that it fails to answer the following
question: Say the jury returns after hours of deliberation and the foreman tells the
judge that all members of the jury are in agreement that the death of the victim
was virtual certainty and that the Defendant foresaw it as such, but that half the
jury wants to convict and half wants to acquit. What should the judge tell the
jury?” Discuss

4. Robin was a lifeguard at a local authority swimming pool. He was bored and
needed a break so asked his friend Bunty if she would keep an eye on the pool for
him for ten minutes. Bunty agreed. She heard screaming and noticed that Sally,
who was a poor swimmer, was in the deep end of the pool. Bunty, who was
chatting to her friends, then noticed that the screaming had stopped and assumed
that Sally had swum back to the shallow end. Sally had drowned.

1
 Discuss the mental states of mind required to make Robin and/or Bunty liable for
Sally’s death.

5. “The Caldwell test has failed to make a distinction which should have been made
between the person who knowingly takes the risk and the person who gives no
thought to whether there is a risk” (Smith and Hogan)

Consider the meanings of recklessness in criminal law which gave rise to this
criticism, indicating to what extent you agree with the criticism.

6. “I do not consider that foresight of a degree of probability is at all the same thing
as intention. It is not foresight but intention which constitutes the mental element
of the offence.”
(Per Lord Halshaim in Hyam v D.P.P [1975])

Critically discuss the way in which the appellate courts have dealt with the
relationship between foresight of consequences and intention.

7. Cory, a taxi drive, was driving along a Highway with a full load of passengers. At
a blind corner Cory overtook a truck and crashed into an oncoming SUV. Four of
the five passengers in Cory’s vehicle as well as the occupants of the SUV were
killed Cory survived. It later came to light that only one kilometer before the point
that Cory overtook the truck there was a sign which stated “Blind Corner ahead.
Do Not Overtake”. Additionally, Cory told the police on the scene of the accident
that he crossed the double white line in order to overtake the truck.

The fifth occupant of Cory’s vehicle, Karen, was rushed to the hospital with
severe injure. The Doctor on duty was a junior doctor. He mistakenly gave Karen
teramicyn, a lethal drug, instead of teramicynine, a harmless sedative. Karen dies
within an hour.

Cory is arrested and charged for the deaths of all passengers, including Karen.

Using relevant authorities, advise Cory of his criminal liability for the deaths of
the passengers.

2
June 18, 2020