1.1 Mens Rea Flashcards
What are crimes of SPECIFIC INTENT?
They are crimes where the defendant is shown to have had a particular intention to bring about a consequence
What is the dig fence between offences of specific intent and basic intent?
In the latter, recklessness will often be enough to satisfy the mental element
What is Mens Rea?
The state of mind
What is actus rea?
Criminal conduct
What is the concept of foresight?
Consequences of actions which could have been foreseen but were not the defendants intentions
Explain the Foresight of probability of consequence concept? R V Hancock and Moloney
The greater the probability of the consequence, the more likely the suspect saw it as a consequence and therefore it is more likely that they intended for it to happen.
What are the requirements of SUBJECTIVE RECKLESSNESS?
They are satisfied in situations where the defendant
Foresees the consequence of his actions as being probable or possible
RISK AWARENESS
What is the difference between SUBJECTIVE AWARENESS and OBJECTIVE AWARENESS?
OBJECTIVE- The consequences could be seen by any reasonable bystander
SUBJECTIVE- Takes into account age and mental health
What does MALICE require?
Malice requires either the actual intention to cause the relevant harm or at least the foresight of the risk causing some harm to a person
What does WILLFULLY mean?
It is taken to mean INTENTIONALLY OR RECKLESSLY
What needs to be identified when talking about dishonesty?
The nature of the state of mind
What concepts does the term KNOWING cover?
- ABSOLUTELY sure
- VIRTUALLY certain
What is the difference between belief and knowing?
Knowing something implies correctness of belief whereas a belief could turn out to be a mistake.
What is NEGLIGENCE?
It is generally concerns with the defendants compliance with the standards of reasonableness of ordinary people.
Focuses on defendants conduct rather than state of mind
Eg. Driving standards, manslaughter
What does the expression, Strict Liability mean?
There is little to prove but the act itself (No need to prove men’s rea).
Eg OPL
Example of Strict liability offence?
OPL
Where is strict liability likely to be imposed?
To enforce statutory regulation where there is some social danger or concern present by the proscribed behaviour
Explain Transferred Mens Rea?
The state of mind can be transferred from the original target to another providing the offence remains the same
How does Men’s Rea affect the liability of accessories?
If the principals intentions are to be extended to an accessory it must be shown that those intentions were contemplated and accepted by that person at the time of the offence or that they were transferred
