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R v Mohan [1975] 2 All ER 193, intention defined as "a decision to bring about... [the actus reus ] no matter whether the accused desired that consequence of his act or not." In the special case of murder, the defendant must have appreciated (i.e. consciously recognized) that either death or serious bodily harm would be the result of his actions.
Intent is defined in English law by the ruling in R v Mohan [1976] QB 1 as "the decision to bring about a prohibited consequence" (malum prohibitum). [1] [2] [3] A range of words represents shades of intent in criminal laws around the world. The mental element, or mens rea, of murder, for example, was historically called malice aforethought.
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R v Mohan, 1994 CanLII 80, [1994] 2 SCR 9 is a leading Supreme Court of Canada decision on the use of expert witnesses in trial testimony. Background
Another important early code was the Code of Hammurabi, which formed the core of Babylonian law. [2] Only fragments of the early criminal laws of Ancient Greece have survived, e.g. those of Solon and Draco. [3] The Old Bailey in London (in 1808) was the venue for more than 100,000 criminal trials between 1674 and 1834, including all death ...
[2001] 2 All ER 492 vesting of "imperfect gifts" Dextra Bank & Trust Company Limited v Bank of Jamaica – Jamaica [2002] 1 All ER (Comm) 193, [2001] UKPC 50 Citco Banking Corporation NV v Pusser's Ltd - British Virgin Islands [2007] UKPC 13 Validity of amendments to company's constitutional documents
This offence is created by section 35 of the Offences against the Person Act 1861 (drivers of carriages injuring persons by furious driving): "Whosoever, having the charge of any carriage or vehicle, shall by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor ...
Appeal to the Court of Appeal: conviction quashed [1975] AC 476; [1973] 2 WLR 942; [1973] 2 All ER 896; 57 Cr App R 666, Subsequent action: None: Court membership; Judges sitting: Lord Widgery CJ, James LJ, Lord Hailsham of St. Marylebone LC, Lord Reid, Lord Morris of Borth-y-Gest, Viscount Dilhorne and Lord Salmon: Case opinions