#Exam 1(2)-Mens Rea Flashcards
What is mens rea
The mental element of a crime
R v Clarke
Woman put stuff in her own bag before paying for them and forgot due to absent-mindedness due to depression. Acquitted
Do all crimes require mens rea
Most do but some don’t such as strict liability
What is direct intent
When d intended for a specific outcome to occur
What is oblique intent
When the defendant does one thing but the actual outcome is different
The court and jury must decide if what are present
1) if the outcome that come about is foreseeable or a probably consequence of those actions
2) whether this damage was intended or foreseen
What happened in moloney
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
What happened in Hancock and shankland
To stop miners from working In mine a concrete slab is pushed on road below accidentally killing a taxi driver, conviction become manslaughter
What happened in Nedrick
Man poured poured parts gin through letter box accidentally killing a young woman’s baby, guilty for manslaughter
What happened in robbers v alleyne
Robbers drop man who can’t swim
Into a lake, ruled that jury could decide if guilty for murder
What is the lower level of men’s rea
Subjective recklessness
Which case does subjective recklessness come from
Cunningham
What happened in Cunningham
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
Negligence means …
Failure to meet the standards of a reasonable man
What cases don’t need men’s rea
Strict liability