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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?

A

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

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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 aware of the risk and still takes it.

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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, negligence is inadvertent.

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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.

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.

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.

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, social context, and whether the behavior is truly criminal.

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.

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.

63
Q

What is the single act principle?

A

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

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.

FLK 2 - Criminal Law (5 decks)

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