Elements-MR Flashcards

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1
Q

Mens rea

A

D has the correct mind set to make them guilty

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2
Q

Direct intention

A

Consequence is D’s aim

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3
Q

Direct intention example

A

R-v-Mohan

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4
Q

Indirect intent

A

When the actual consequence isn’t D’s original aim

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5
Q

Indirect intention example

A

R-v-Moloney

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6
Q

Negligence test

A

D fails to meet standard of reasonable person

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7
Q

Negligence example

A

R-v-Adomako

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8
Q

Recklessness

A

D knows their a risk of consequence but does it anyway

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9
Q

Recklessness example

A

Cunningham

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10
Q

Transferred malice

A

Initial intent is transferred to someone else

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11
Q

Transferred malice example

A

Gnago

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12
Q

Strict liability

A

D can be found guilty without proof of mens rea

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13
Q

Strict liability example

A

Harrow London Borough council-v-shah

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14
Q

Methods used to establish if an offence is SL

A

Statue is not clear courts decide using principle
Presumption strong when offence is criminal
Presumption displaced by an issue of social concern

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15
Q

Statue is not clear example

A

Gammon

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16
Q

When offence is criminal

A

Sweet-v-Parsley

17
Q

Coincidence of AR and MR

A

When they occur at the same time

18
Q

Actus Reus is a continuous act example

A

Fagan-v-metropolitan police

19
Q

Actus reus can be a series of connected acts

A

Thabo-meli

20
Q

Negligence

A

Doing something poorly or failing to do something