Core principles - MR Flashcards
What is Mens Rea?
Guilty mind – the mental element required for crime
What are the types of Mens Rea?
- Intention
- Recklessness
- Knowledge and Belief
- Dishonesty
- Negligence
What characterizes Negligence in Mens Rea?
When the defendant’s actions fall below the standard of the reasonable person
What is Direct Intent?
Where the consequence is what the defendant aims to happen
Is Direct Intent a subjective or objective test?
Wholly subjective test from the defendant’s point of view - motive and desire are irrelevant
What is the test to establish direct intent?
The word is given its ordinary meaning - was the defendant’s main aim or purpose to commit the AR?
R v Moloney
What should a trial judge direct the jury regarding intent?
To convict the defendant if they are satisfied that it was the defendant’s aim or purpose to commit the actus reus
What is Oblique Intention?
Oblique Intention is a rarer form of intention that requires elaboration when the jury requests further guidance or when the trial judge believes the jury would benefit from it.
When should Oblique Intention be used?
Oblique Intention should only be used in rare circumstances when the facts require it and when intention is the only form of mens rea for the offence.
What is the test for oblique intention?
- Was death or serious injury a virtual certainty?
- Did the D appreciate this to be the case?
R v Woollin
How is motive different from intention?
Motive is not the same as intention; however, an individual can intend both their ends and the means through which they will achieve them.
When does a person act recklessly with respect to a circumstance?
- Was the D aware of the risk as a result of their actions (subjective)?
- In the circumstances known to the D, was it reasonable for them to take that risk (objective)?
What will the jury consider in a recklessness case?
The jury will consider the social utility of what the defendant is doing.
What is the general rule regarding Actus Reus and Mens Rea?
The defendant must have the relevant mens rea for the offence at the precise moment when they commit the actus reus.
What is the Continuing Act Theory?
A defendant can be guilty of an offence using the continuing act theory if they form the mens rea for the offence at some point during the actus reus continuing.
What is the One Transaction Principle?
If the courts categorise the defendant’s actions as a series of acts, making up one transaction, it can be enough for the defendant to have the mens rea at some time during that transaction.
Can apply when there was no prior planning
What must the defendant have if it isn’t clear which of their acts was the actus reus?
The defendant must have the mens rea for the relevant crime when they do each of the acts which could constitute the actus reus.
What is Transferred Malice?
When D’s mens rea is transferred from the intended harm to the actual harm.
E.g. it does not matter that if D intended to kill X but killed Y – D’s criminal liability is the same.
What are the limits of Transferred Malice?
It will not assist where the defendant has the mens rea for one charge and the actus reus for another.
The defendant must have the mens rea for the crime charged (R v Pembliton (1874)).
Can there be a double or general transfer of mens rea?
No, there can be no double or general transfer of mens rea.
E.g. where a man stabs a woman intending to kill her but also injured a foetus.
What is Strict Liability?
No requirement to prove mens rea.
What does the effect of making a mistake depend on?
The type of mistake.
What is the rule regarding ignorance of the law?
Ignorance of the law is no excuse.
(R v Bailey (1800))
When can mistake negate MR?
Mistake of fact - a defendant might make a mistake as to some element of the actus reus (e.g. mistakenly taking the wrong umbrella away from a restaurant).
What happens if a valid and complete defence exists?
The defendant (D) will not be criminally liable.
What is the difference between involuntary and voluntary intoxication as a defence?
Involuntary intoxication is a more successful defence. Courts will ask whether the defendant formed the mens rea even though intoxicated.
What is the implication of voluntary intoxication for basic intent crimes?
For less serious crimes of basic intent, the defendant will be deemed reckless if they would have foreseen the harm if sober.
When is consent available?
- If offence is assault of battery
- D intended to cuase ABH or above, and one of the exceptions apply
What is self-defence?
Self-defence can be used in protection of yourself or your property.
What must a defendant believe to rely on self-defence?
The defendant must honestly believe that the use of force was necessary and that the level of force was objectively reasonable in the circumstances as they believed them to be.
