Mens rea Flashcards
What is the highest level of fault?
Intention?
What are the three other levels of fault?
Direct intent, oblique intent and subjective recklessness
What is direct intent?
Defendant decided to bring about the consequence deliberately
What is oblique intent?
The prohibited consequence is virtually certain, and
Defendant knows it
What is subjective recklessness?
Defendant knows risk of consequence but continues anyways
What can subjective recklessness also be called?
Basic intent
What is negligence?
Failure to meet the standards of the reasonable person
When is negligence a sufficient mens rea?
Gross negligence manslaughter
Key case for negligence?
R v Adomako
R v Adomako
doctor failed to see signs of disconnection of pipes. Died
What is transferred malice?
When mens rea is transferred from intended victim to the actual victim where defendant misses
Key case for transferred malice?
R v Latimer
R v Latimer
Tried to hit man with belt but hit another person instead. Intent transferred
When can mens rea not be transferred?
When actus reus changes
Key case for mens rea not transferring?
R v Pembliton
R v Pembliton
Threw rock to disperse crowd but broke property. Not guilty
What are strict liability offences?
Offences requiring no fault
Why do strict liability offences exist?
To regulate society and protect the vulnerable
Key case for strict liability
R v Prince
R v Prince
Took unmarried girl under age of 16 out of possession of father. Had good reason to think she was 18. Protects children
Key case for how Strict liability offences are used with caution?
Sweet v Parsley
Sweet v Parsley
Rented house and tenants smoked weed on it. Strict liability offence. judges favoured common law = not guilty
