Mens Rea Flashcards
What is mens rea?
- mental element of the offence.
- general presumption that criminal liability is based on fault.
- concerns the defendant’s state of mind when incident occurs.
Definition of recklessness
When someone decides to do something they know is a risk and may have serious consequences.
Definition of foresight
The knowledge that something might happen
What’s a natural consequence?
A consequence that might occur
What is a probable consequence?
A consequence that most likely will occur.
Problems with foresight of consequences?
Natural and probable consequences both need to be included in the test for intention
How is a case of strict liability decided?
If the offence is decided to not need mens rea
What is due diligence?
Where the defendant has done all in his power to prevent the committing of an offence
Problems with statutory interpretation?
The wording of an act of parliament needs to be examined closely to see if there’s any sections that imply strict liability or defence of due diligence
What is the privy council?
Government ministers, along with PM and other figures, who advise the Queen at her request about certain laws.
What is general malice?
Where the defendant doesn’t have a specific victim in mind
What is transferred malice?
Where the defendant caused harm to a different object than the one he had in mind, due to either accident or mistake.
