Criminal 1 - core principles - mens rea Flashcards
What are the 5 types of mens rea?
- Intention: direct (wholly subjective) or indirect/oblique
- Recklessness: somebody takes an unjustifiable risk, aware of the danger that the prohibited harm may occur
- Knowledge and belief
- Negligence
- dishonesty
What is oblique intention?
- Consequence is virtual certainty
- bomb in cargo plane to blow up plane
What is mens rea of Recklessness?
Didn’t intend harm but:
- Knows of risk
and
- in circumstances known to D
- objectively unreasonable to take that risk.
What is the principle of coincidence of AR and MR?
D must have the relevant mens rea for offence at precise moment when D commits the actus reus
What are the continuing act cases when considering whether AR and MR coincided?
- drove on to policeman’s foot by accident but then didn’t move
- hit over head with intention to kill, rolled him off cliff, he died of exposure
- hit wife, tried to drag her home, dropped her by accident killing her
What is the principle of transferred malice?
- D’s mens rea is transferred from the intended harm to the actual harm
- Both offences must have the same mens rea!
Stone thrown at one person and hits another ✅
Stone thrown at person smashes window ❌
What is the principle of mistake?
Where D makes a mistake, effect on criminal liability will depend on type of mistake
- Ignorance of the law won’t prevent criminal liability but
- if meas rea is not fulfilled, can escape criminal liability
What case shows the principle of mistake?
Ripping out Stereo wires - Unaware fixture belonged to LL
What 2 principles can help interpretation of the requirement for coincidence between AR and MR?
- Continuing Act Theory: if they form MR for offence at some point during committing AR (police foot)
- One Transaction Principle: court sometimes categories actions of accused as series of acts (chuck off cliff)
