Elements-MR Flashcards
Mens rea
D has the correct mind set to make them guilty
Direct intention
Consequence is D’s aim
Direct intention example
R-v-Mohan
Indirect intent
When the actual consequence isn’t D’s original aim
Indirect intention example
R-v-Moloney
Negligence test
D fails to meet standard of reasonable person
Negligence example
R-v-Adomako
Recklessness
D knows their a risk of consequence but does it anyway
Recklessness example
Cunningham
Transferred malice
Initial intent is transferred to someone else
Transferred malice example
Gnago
Strict liability
D can be found guilty without proof of mens rea
Strict liability example
Harrow London Borough council-v-shah
Methods used to establish if an offence is SL
Statue is not clear courts decide using principle
Presumption strong when offence is criminal
Presumption displaced by an issue of social concern
Statue is not clear example
Gammon