Core principles: Mens rea Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is Mens Rea?

A

It covers a number of mental states that may need to be proved in relation to the actus reus of a crime.

State of mind that the prosecution must prove to secure a conviction will vary from crime to crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the different types of mens rea?

A
  • intention

*recklessness

  • knowledge and belief
  • dishonesty
  • negligence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What do we mean by ‘intention’?

A

2 types:

  • Direct intention:
    the aim or purpose of the defendant’s act,
  • indirect/ oblique intention:
    used in rare cases where the defendant does something manifestly dangerous and someone dies or is seriously injured but that was not the primary aim of the defendant.

! Not to be confused with motive and desire.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What do we mean by ‘recklessness’?

A

when somebody takes an unjustifiable risk, aware of the danger that the prohibited harm may occur upon taking that risk.

Test:
(i) a circumstance when he is aware of a risk that it exists or will exist;

(ii) a result when he is aware of a risk that it will occur;

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What do we mean by ‘Knowledge and belief’?

A

the defendant who is absolutely certain as to the existence of a particular circumstance, or is at least possibly aware that the particular circumstance exists.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What do we mean by ‘Dishonesty’?

A

the defendant must also be found to have been dishonest when handling the goods.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What do we mean by ‘Negligence’?

A

Negligence is when the defendant’s actions fall below the standard of a reasonable person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly