1.1 Mens Rea

Question 1

What are crimes of SPECIFIC INTENT?

Answer 1

They are crimes where the defendant is shown to have had a particular intention to bring about a consequence

Question 2

What is the dig fence between offences of specific intent and basic intent?

Answer 2

In the latter, recklessness will often be enough to satisfy the mental element

Question 3

What is Mens Rea?

Answer 3

The state of mind

Question 4

What is actus rea?

Answer 4

Criminal conduct

Question 5

What is the concept of foresight?

Answer 5

Consequences of actions which could have been foreseen but were not the defendants intentions

Question 6

Explain the Foresight of probability of consequence concept? R V Hancock and Moloney

Answer 6

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.

Question 7

What are the requirements of SUBJECTIVE RECKLESSNESS?

Answer 7

They are satisfied in situations where the defendant

Foresees the consequence of his actions as being probable or possible

RISK AWARENESS

Question 8

What is the difference between SUBJECTIVE AWARENESS and OBJECTIVE AWARENESS?

Answer 8

OBJECTIVE- The consequences could be seen by any reasonable bystander

SUBJECTIVE- Takes into account age and mental health

Question 9

What does MALICE require?

Answer 9

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

Question 10

What does WILLFULLY mean?

Answer 10

It is taken to mean INTENTIONALLY OR RECKLESSLY

Question 11

What needs to be identified when talking about dishonesty?

Answer 11

The nature of the state of mind

Question 12

What concepts does the term KNOWING cover?

Answer 12

• ABSOLUTELY sure

- VIRTUALLY certain

Question 13

What is the difference between belief and knowing?

Answer 13

Knowing something implies correctness of belief whereas a belief could turn out to be a mistake.

Question 14

What is NEGLIGENCE?

Answer 14

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

Question 15

What does the expression, Strict Liability mean?

Answer 15

There is little to prove but the act itself (No need to prove men’s rea).

Eg OPL

Question 16

Example of Strict liability offence?

Answer 16

OPL

Question 17

Where is strict liability likely to be imposed?

Answer 17

To enforce statutory regulation where there is some social danger or concern present by the proscribed behaviour

Question 18

Explain Transferred Mens Rea?

Answer 18

The state of mind can be transferred from the original target to another providing the offence remains the same

Question 19

How does Men’s Rea affect the liability of accessories?

Answer 19

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