#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
Which case demonstrates strict liability
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
The idea that men’s is only required for part of an offence can be shown in which cases
R v Prince and R v Hibbert
What is the difference between R v Prince and R v Hibbert
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
What must the actus Reus be in strict liability crimes
It must be proved and it must be voluntary
Can you still be convicted if your voluntary act accidentally caused a bad consequence
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
Courts can be strict such as protection of minors which case shows this
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
Can there be a defence of making a mistake
No such as when alcohol was sold to a drunk person even though he didn’t look drunk in Cundy v Le Cocq
What is used to decide whether something should be strict liability
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
What is the presumption of men’s rea
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
What is it when judges look at the rest of an act
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)
What is a quasi criminal offence
A regulatory offence so one which is not truly criminal- Harrow LBC v shah and shah
What is the penalty for imprisonment and how does it effect strict liability
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 )
What is issues of social concern
Issues regarding danger to public safety or health
Blake- man charged with broadcasting
What does it mean when strict liability would promote enforcement of the law
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
What is transferred malice
When a crime happens to the wrong victim intended
What happened in Latimer
A man went to hit a man in a pub but accidentally hit a woman
Can malice be transferred to an object
No this can be seen in cases like pemblintom when a man through a stone at a person but it broke a window instead
What is General malice
When malice isn’t for a specific person, eg a terrorist planting a bomb
What is the more recent case for transferred malice
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
What is the coincidence of men’s rea and and actus reus
They must both occur at the same time
Which two cases show the coincidence of actus Reus and men’s rea
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
What is a continuing act
When an offence hasnt been committed until both men’s rea and actus Reus show this
What happened in fagan v MPC
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.
