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FLK 2 - Criminal Law > 2. Mens Rea > Flashcards

2. Mens Rea Flashcards

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1
Q

What are the elements of criminal liability?

A

AR + MR + absent valid defence = criminal liability.

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2
Q

How does the court determine intention?

A

Based on what the defendant saw or perceived.

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3
Q

Can most crimes be committed either intentionally or recklessly?

A

Yes, except for some like murder where intention must be proven.

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4
Q

What is direct intent?

A

When the defendant’s primary aim or purpose was to bring about a particular consequence.

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5
Q

What is indirect intent?

A

When the consequences achieved by the defendant are a by-product of their actions.

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6
Q

What is the legal test for indirect intent?o

A

The consequence was virtually certain to occur (objective test) AND the defendant foresaw that consequence as being virtually certain to occur (subjective test).

For latter if risk is generally well known whether or not defendant is of low intelligence wont matter

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7
Q

Is the motive of the defendant relevant in proving intention?

A

No, it is usually irrelevant.

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8
Q

What is the general rule for establishing mens rea?

A

Establishing that the defendant intended or was reckless as to whether a consequence could occur.

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9
Q

What are the two elements of recklessness?

A

The risk must be unjustified or unreasonable (objective test) and the defendant must be aware of or foresee the risk and still take it (subjective test).

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10
Q

How does the court justify the risk in recklessness?

A

By balancing the social utility or benefit against the likelihood or severity of harm.

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11
Q

How is the risk assessed in recklessness?

A

Based on the standards of a reasonable person.

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12
Q

What is subjective recklessness?

A

When the defendant is ACTUALLY aware of the risk and still takes it.

No justification i.e social mobility
Awareness no matter how small is sufficient.

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13
Q

What is the difference between objective and subjective recklessness?

A

Objective recklessness considers the unjustified or unreasonable risk, while subjective recklessness considers the defendant’s awareness and decision to take the risk.

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14
Q

What is the role of intention in criminal liability?

A

Intention is one of the elements that must be proven for criminal liability.

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15
Q

What is the role of recklessness in criminal liability?

A

Recklessness can establish the mens rea required for criminal liability.

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16
Q

What is the significance of the defendant’s perception in determining intention?

A

The court considers what the defendant saw or perceived in determining their intention.

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17
Q

What is the significance of the defendant’s motive in proving intention?

A

The motive of the defendant is usually irrelevant in proving intention.

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18
Q

What is the significance of the risk in establishing recklessness?

A

The risk must be unjustified or unreasonable, and the defendant must be aware of or foresee the risk.

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19
Q

What is the significance of the social utility in justifying the risk in recklessness?

A

The court balances the social utility or benefit against the likelihood or severity of harm resulting from the risk.

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20
Q

What is the general rule for establishing mens rea?

A

Defendant must have a particular state of mind.

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21
Q

What test is applied to determine recklessness?

A

Subjective test.

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22
Q

What happens if the court concludes that the defendant is subjectively reckless?

A

They may be deemed subjectively reckless.

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23
Q

What type of offences can the subjective test for recklessness apply to?

A

Any criminal offence where recklessness is part of mens rea.

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24
Q

What must the court be satisfied of in order to convict the defendant?

A

That the defendant is subjectively reckless.

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25
Q

What is the objective standard for negligence?

A

What is expected of the reasonable person.

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26
Q

What is the key difference between recklessness and negligence?

A

Recklessness is conscious when taking unjustified risk

, negligence is inadvertent when taking unjustified risk. (unintentional).

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27
Q

What is an example of an offence where negligence satisfies mens rea?

A

Gross negligence manslaughter.

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28
Q

What is an example of a statutory offence that requires only negligence as mens rea?

A

Careless driving under the RTA 1988.

29
Q

What is the definition of careless driving?

A

Driving without due care and attention or reasonable consideration for others.

30
Q

What is the test for the offence of careless driving?

A

The driving must fall below what would be expected of a competent and careful driver.

Careless driving in itself is an offense. Irrelevant what happened as a result of careless driving.

31
Q

What considerations are not taken into account in the offence of careless driving?

A

Individual considerations such as motive or lack of experience.

32
Q

What standard is the accused judged against in the offence of careless driving?

A

The reasonable driver.

33
Q

What is the purpose of strict liability offences?

A

To discourage incompetence and unsafe actions and encourage vigilance and safety.

34
Q

What types of offences are mostly strict liability in nature?

A

Statutory and regulatory offences.

strict liability offense is a crime where the defendant is held liable for their actions regardless of their mental state or intent. In other words, the prosecutor doesn’t need to prove the defendant’s specific state of mind, such as negligence, recklessness, or intention

35
Q

Do strict liability offences generally apply to the public at large?

A

No, they apply to those engaged in particular forms of conduct.

36
Q

What are the public policy reasons for strict liability offences?

A

Simplifies criminal prosecutions, makes trials quicker and cheaper, and increases conviction rates.

37
Q

What is the definition of strict liability offences?

A

Offences where mens rea or negligence is not necessary to prove for at least one element of the actus reus.

For example offences related to:
Food safety
Consumer protection
Misuse of drugs
Environment
Road safety
Health and safety

38
Q

What is the purpose of the offence of careless driving?

A

To ensure drivers exercise due care and consideration for others on the road.

39
Q

What is the standard for the offence of careless driving?

A

The driving must fall below what would be expected of a competent and careful driver.

40
Q

What is not taken into account in the offence of careless driving?

A

Individual considerations such as motive or lack of experience.

41
Q

What is the accused judged against in the offence of careless driving?

A

The reasonable driver.

42
Q

What is the purpose of strict liability offences?

A

To discourage incompetence and unsafe actions and encourage vigilance and safety.

43
Q

What types of offences are mostly strict liability in nature?

A

Statutory and regulatory offences.

44
Q

Do strict liability offences generally apply to the public at large?

A

No, they apply to those engaged in particular forms of conduct.

45
Q

What are the public policy reasons for strict liability offences?

A

Simplifies criminal prosecutions, makes trials quicker and cheaper, and increases conviction rates.

46
Q

What is the definition of strict liability offences?

A

Offences where mens rea or negligence is not necessary to prove for at least one element of the actus reus.

47
Q

What is the strict liability rule?

A

Rule that holds defendants liable even without criminal intent.

48
Q

What is the effect of the strict liability rule?

A

Defendants can be found guilty even if they had no knowledge or intent.

49
Q

How can a strict liability offense be identified?

A

By looking at the statute or case law.

50
Q

What does the statute usually indicate about strict liability offenses?

A

Whether the offense is one of strict liability or not.

51
Q

What does the Contempt of Court Act 1981 define as the strict liability rule?

A

Conduct that interferes with the course of justice regardless of intent.

52
Q

What are some express words in a statute that indicate mens rea is required?

A

Intentionally, knowingly, wilfully, etc.

53
Q

What is the starting point if a statute says nothing about mens rea?

A

Presumption in favor of mens rea.

54
Q

When can the presumption of mens rea be rebutted?

A

When there is nothing express in the statute.

55
Q

What factors may the court consider when determining strict liability?

A

The statute as a whole: if words like intentionally or willfully or recklessly were used.

social context: if offence causes societal harms then most likely strict liability.

whether the behavior is truly criminal: if offence attracts severe penalty or social stigma (i.e offenders are viewed negatively) then courts are more in favor of mens rea

56
Q

What is a diagram of law enforcement?

A

A visual representation of the process of enforcing the law.

57
Q

What is Transferred Malice?

A

Intention can be transferred from intended victim to actual one.

58
Q

What is the application of Transferred Malice?

A

It applies to criminal damage and theft.

59
Q

What are the limits to the application of Transferred Malice?

A

It does not operate when actus reus and mens rea relate to different types of offences.

For example you intentionally threw a rock to hurt someone but u miss and hit a windom.

Ur mens rea here was assault but actus reus here was criminal damage.
MALICE NOT TRANSFERRED

60
Q

When may Transferred Malice be unnecessary?

A

If the mens rea of the offence includes recklessness.

61
Q

What is the general rule for coincidence of actus reus and mens rea?

A

They must coincide in time for the defendant to be guilty.

62
Q

What is the continuing act principle?

A

Defendant’s act satisfies actus reus and later they have the necessary mens rea.

As long as def has necessary intent at any point while the act is ongoing they can held responsible for offence even if they didnt have intent at the start if the action.

63
Q

What is the single act/transaction principle?

A

Defendant is involved in criminal activity and the eventual act causing death is part of the same sequence of events.

D hit someone on his head. To make it look like an accident they rolled victim off a cliff. Victim died hours laters. Def convicted of murder

U cannot divide the series of acts. (MENS REA EXISTED AT SOME POINT IN SEEIES OF EVENT)

64
Q

What is the classification of Basic intent offences?

A

They can be committed intentionally or recklessly and intoxication is not a defense.

65
Q

What is the classification of Specific intent offences?

A

They can only be committed intentionally and intoxication can be pleaded as a defense.

66
Q

What is murder?

A

Intention to kill or cause grievous bodily harm.

67
Q

What is theft?

A

Intention to permanently deprive.

68
Q

What is ulterior intent?

A

Mens rea going beyond the actus reus. Think of it extra mens rea
For example, burglary and aggravated criminal damage.

Pic 31 oct

FLK 2 - Criminal Law (5 decks)

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