Mens Rea Flashcards

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1
Q

What are the steps for mens rea?

A

Direct/indirect intention and recklessness
Negligence (might not need)
Strict liability
Transfer of malice
Continuing acts

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2
Q

What is direct intention?

A

Meaning or wanting something to happen and making it happen - your desire/purpose

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3
Q

Which case shows direct intention?

A

R v Mohan

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4
Q

What is indirect intention?

A

Requires the defendant to foresee the outcome as a virtual certainty based on all the evidence, but don’t want it to happen

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5
Q

Which case (and judge) defined indirect intention?

A

R v Woollin by Lord Steyn

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6
Q

Which case demonstrates indirect intention?

A

R v Matthews and Alleyne

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7
Q

What is recklessness?

A

Where the defendant foresees the outcome as a possibility but carry on regardless

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8
Q

Which case shows recklessness?

A

R v Cunningham (was not reckless)

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9
Q

What do we need to know about negligence for mens rea?

A

Generally a civil concept involving behaviour that falls below the standard of a reasonable person. Used in some statutory crimes like driving offences

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10
Q

Which case shows negligence in mens rea?

A

R v Adomako

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11
Q

What is strict liability?

A

Crimes where only the actus reus needs to be proved (for an aspect of the actus reus)

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12
Q

Are there still defences for strict liability crimes?

A

Yes

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13
Q

What are some examples of strict liability crimes?

A

Driving under the influence.
Speeding.
Unlawful parking.
Going through a red light

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14
Q

What driving offence is not a strict liability crime?

A

Dangerous/reckless driving

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15
Q

How can you tell if a crime is a statutory offence?

A

Where the crime is a regulatory offence or where the statute deals with an issue of social concern

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16
Q

Which case shows a regulatory offence strict liability crime?

A

Gammon v AG of Hong Kong

17
Q

Which case shows a strict liability crime which arose from social concern`?

A

Sweet v Parsley

18
Q

How is the wording of the act relevant to strict liability?

A

If it says cause or possess etc it’s a doing word so it’s strict liability. If it is a thinking word like knwoingly it isn’t

19
Q

Which case shows a statutory strict liability crime?

A

Alphacell v Woodward

20
Q

Which case shows strict liability crimes are often small penalties/on the spot fines?

A

Smedleys v Breed

21
Q

What is transfer of malice?

A

When the mens rea moves from the intended victim to the actual victim (follows the actus reus to the actual victim)

22
Q

Which case shows transfer of malice from a person to another person?

A

R v Latimer

23
Q

Which case shows malice cannot be transferred from a person to an object?

A

R v Pembliton