3 - Mens Rea

Question 1

what is mens rea

Answer 1

the guilty mind - the intent

Question 2

Must be an MR for ever AR

Answer 2

Clifford v dpp

Question 3

subjective mr preferred

Answer 3

dpp v murray

Question 4

clifford v dpp

Answer 4

probability and forseeability

Question 5

clifford v dpp test

Answer 5

recent subjective test for mr in ireland

Question 6

negligence - is below standard of behaviour

Answer 6

dpp v cullagh

Question 7

reasonable accident is up to jury

Answer 7

r v lamb

Question 8

proving mr is subjective - but can make inferences from subjective facts

Answer 8

r v g 2004

Question 9

STRIC LIABILITY MR (5 PRINCIPLES)

1) - PRESUMPTION THAT THE LEGISLATION INTENDED MENS REA

Answer 9

DPP v Roberts

Question 10

STRIC LIABILITY MR (5 PRINCIPLES)

2) V STRONG PRESUMPTION FOR ‘TRULY CRIMINAL OFFENCES’

Answer 10

Gannon

Question 11

STRIC LIABILITY MR (5 PRINCIPLES)

3) CAN BE REBUTTED IS STRATUTE IMPLIES ABILITY

Answer 11

B v DPP

Question 12

STRIC LIABILITY MR (5 PRINCIPLES)

4) Can be rebutted if statute concerned with public interest

Answer 12

R v Brockley

Question 13

STRIC LIABILITY MR (5 PRINCIPLES)

5) Words in statute suggest MR is required

Answer 13

DPP v Behan

Question 14

Honest and Reasonable mistake

CC v Ireland (2006)

Answer 14

no defence for strict liability

Question 15

ar/mr

coincidence of mr/ar must be a continuing act

Answer 15

Fagan v met police commissioner

Question 16

corpse rule

r v le brun

Answer 16

will give rise to coincidence of ar/mr if corpse rule is applied - e.g burying a body after a accidental murder will imply murder