mens rea Flashcards
what is mens rea?
the guilty mind, the mental element of a criminal offence
what are the two most common types of mens rea?
intention and recklessness
what are the two types of intention?
direct intention
oblique intention
when will a defendant have direct intention?
a person who acts with the purpose or aim of causing a specific result will have directly intended to cause that result
when does oblique intention arise?
in situations where a defendant’s aim is not prohibited by the law, but in order to achieve that aim, they will have to act in an unlawful way
what is the leading test for oblique inention?
R v Woolin
“the consequences must be virtually certain to occur and the defendant must appreciate this”
not enough that there is a risk or a chance that their action would cause an unlawful result, must be virtually certain
what is the leading case on the definition of recklessness?
R v Cunningham
court held a defendant will have acted recklessly if:
- they are aware of the existence of a risk; and
- having become aware of the existence of that risk, go ahead and unreasonably take that risk
what is the principle of coincidence?
holds that in order for a defendant to be convicted of a criminal offence, the actus reus and mens rea of that offence must coincide. Mens rea must be present at the time the actus reus is performed
what are the two theories the courts have developed in relation to the principle of coincidence?
the “continuing act” theory - R v Fagan [1969]
the “single transaction” theory - R v Thabo Meli [1954]
what is the doctrine of transferred malice?
if a defendant has the mens rea required to commit an offence a specific person or property, but performs the actus reus against a different person or property, the mens rea of the intended target will be transferred to the actual victim
in terms of transferred malice, can it be used in situations where D has the mens rea for a particular offence but performs the actus reus for another?
doctrine of transferred malice cannot be used
most offences have entirely different mens rea requirements
what are strict liability offences?
criminal offences which do not require a mens rea element to be proved in respect of at least one element of that offence’s actus reus
what are absolute liability offences?
offences for which the prosecution does not need to prove any mens rea requirement at all
