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#Law crime and legal s > #Exam 1(2)-Mens Rea > Flashcards

#Exam 1(2)-Mens Rea Flashcards

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1
Q

What is mens rea

A

The mental element of a crime

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2
Q

R v Clarke

A

Woman put stuff in her own bag before paying for them and forgot due to absent-mindedness due to depression. Acquitted

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3
Q

Do all crimes require mens rea

A

Most do but some don’t such as strict liability

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4
Q

What is direct intent

A

When d intended for a specific outcome to occur

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5
Q

What is oblique intent

A

When the defendant does one thing but the actual outcome is different

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6
Q

The court and jury must decide if what are present

A

1) if the outcome that come about is foreseeable or a probably consequence of those actions
2) whether this damage was intended or foreseen

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7
Q

What happened in moloney

A

Stepfather dares his drunk son to shoot him, the d does and kills the father, boy gets manslaughter as seeing consequences is not the same as intention

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8
Q

What happened in Hancock and shankland

A

To stop miners from working In mine a concrete slab is pushed on road below accidentally killing a taxi driver, conviction become manslaughter

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9
Q

What happened in Nedrick

A

Man poured poured parts gin through letter box accidentally killing a young woman’s baby, guilty for manslaughter

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10
Q

What happened in robbers v alleyne

A

Robbers drop man who can’t swim

Into a lake, ruled that jury could decide if guilty for murder

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11
Q

What is the lower level of men’s rea

A

Subjective recklessness

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12
Q

Which case does subjective recklessness come from

A

Cunningham

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13
Q

What happened in Cunningham

A

Man ripped has meters from a wall of empty house to steal money from it, this caused however a gas leak which affected the woman next door. He was held not guilty as he didn’t know

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14
Q

Negligence means …

A

Failure to meet the standards of a reasonable man

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15
Q

What cases don’t need men’s rea

A

Strict liability

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16
Q

Which case demonstrates strict liability

A

Pharmaceutical society of GB v storkwain ltd- D supplied people prescription drugs using forged doctors notes. Chemist found guilty as they supplied drugs without valid prescription

17
Q

The idea that men’s is only required for part of an offence can be shown in which cases

A

R v Prince and R v Hibbert

18
Q

What is the difference between R v Prince and R v Hibbert

A

R v Prince- d intended to take daughter away from her father
R v Hibbert- never knew that the 14 year old girl was in custody of her father

19
Q

What must the actus Reus be in strict liability crimes

A

It must be proved and it must be voluntary

20
Q

Can you still be convicted if your voluntary act accidentally caused a bad consequence

A

Yes, Callow v Tillstone vet examined carcass and told butcher it would be fine to sell. It wasn’t and the butcher was still liable even though he’d taken due diligence

21
Q

Courts can be strict such as protection of minors which case shows this

A

Harrow LBC v shah and shah, when a newsagents sold a 13 year old a lottery ticket even though they’d been told to ask for ID

22
Q

Can there be a defence of making a mistake

A

No such as when alcohol was sold to a drunk person even though he didn’t look drunk in Cundy v Le Cocq

23
Q

What is used to decide whether something should be strict liability

A 
Presumption of men’s rea
Looking at the rest of the act 
Quasi- criminal offence 
Penalty of imprisonment 
Issue of social concern 
Would strict liability promote law enforcement
24
Q

What is the presumption of men’s rea

A

Unless a law clearly states that no MR is required it will be taken as if it is required
Sweet v parsley- woman didn’t know cannabis was being smoked in a rented farmhouse for students- not guilty

25
Q

What is it when judges look at the rest of an act

A

If other subsections of the act state it should have men’s rea but the section as a whole states it’s not needed
Harrow LBC v shah and shah part of national lottery act (parliament wants to protect minors)

26
Q

What is a quasi criminal offence

A

A regulatory offence so one which is not truly criminal- Harrow LBC v shah and shah

27
Q

What is the penalty for imprisonment and how does it effect strict liability

A

It is the threat of going to prison and if it is likely then it is probably not a strict liability crime (b v dpp oral sex on a bus )

28
Q

What is issues of social concern

A

Issues regarding danger to public safety or health

Blake- man charged with broadcasting

29
Q

What does it mean when strict liability would promote enforcement of the law

A

If making the offence strict liability does not help law enforcement then there is no reason to make it strict liability
Lim chin aik v the queen- man brakes law after not being told he can’t enter Singapore

30
Q

What is transferred malice

A

When a crime happens to the wrong victim intended

31
Q

What happened in Latimer

A

A man went to hit a man in a pub but accidentally hit a woman

32
Q

Can malice be transferred to an object

A

No this can be seen in cases like pemblintom when a man through a stone at a person but it broke a window instead

33
Q

What is General malice

A

When malice isn’t for a specific person, eg a terrorist planting a bomb

34
Q

What is the more recent case for transferred malice

A

Gnango, in which two men himself and Bandana man had a shootout. Bandana man shot her but got away. Gnango still guilty for murder as he was still trying to kill bandana man

35
Q

What is the coincidence of men’s rea and and actus reus

A

They must both occur at the same time

36
Q

Which two cases show the coincidence of actus Reus and men’s rea

A

Thabo meli V R - man throws body off a cliff thinking he’s dead however he wasn’t and dies of the exposure instead
Church- D fights woman after trying to bring her round for 30 mins he dumps her
In the river thinking she’s dead but she drowns

37
Q

What is a continuing act

A

When an offence hasnt been committed until both men’s rea and actus Reus show this

38
Q

What happened in fagan v MPC

A

Man runs over police officers foot without realising, an offence is only committed after the police officer told him and he refused to move his car.

#Law crime and legal s (23 decks)

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