R v Moloney [1985]

Facts

  • In a drunken dare, the victim dared the defendant to pull the trigger of a gun
  • The defendant did not believe that doing so would injure the victim

Issue

  • Did the defendant have the necessary mens rea for murder?

Decision

  • No

Reasoning

  • Lord Bridge: it is for the jury to decide whether the defendant intended to kill or cause GBH; the judge should not expand on the definition of consent
  • This rule has since been modified by R v Nedrick [1986] and R v Woollin [1999]
RELATED CASE  DPP v Newbury and Jones [1976]

Posted in Criminal Law Revision Notes.

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