Mens Rea Flashcards
What are the steps for mens rea?
Direct/indirect intention and recklessness
Negligence (might not need)
Strict liability
Transfer of malice
Continuing acts
What is direct intention?
Meaning or wanting something to happen and making it happen - your desire/purpose
Which case shows direct intention?
R v Mohan
What is indirect intention?
Requires the defendant to foresee the outcome as a virtual certainty based on all the evidence, but don’t want it to happen
Which case (and judge) defined indirect intention?
R v Woollin by Lord Steyn
Which case demonstrates indirect intention?
R v Matthews and Alleyne
What is recklessness?
Where the defendant foresees the outcome as a possibility but carry on regardless
Which case shows recklessness?
R v Cunningham (was not reckless)
What do we need to know about negligence for mens rea?
Generally a civil concept involving behaviour that falls below the standard of a reasonable person. Used in some statutory crimes like driving offences
Which case shows negligence in mens rea?
R v Adomako
What is strict liability?
Crimes where only the actus reus needs to be proved (for an aspect of the actus reus)
Are there still defences for strict liability crimes?
Yes
What are some examples of strict liability crimes?
Driving under the influence.
Speeding.
Unlawful parking.
Going through a red light
What driving offence is not a strict liability crime?
Dangerous/reckless driving
How can you tell if a crime is a statutory offence?
Where the crime is a regulatory offence or where the statute deals with an issue of social concern
Which case shows a regulatory offence strict liability crime?
Gammon v AG of Hong Kong
Which case shows a strict liability crime which arose from social concern`?
Sweet v Parsley
How is the wording of the act relevant to strict liability?
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
Which case shows a statutory strict liability crime?
Alphacell v Woodward
Which case shows strict liability crimes are often small penalties/on the spot fines?
Smedleys v Breed
What is transfer of malice?
When the mens rea moves from the intended victim to the actual victim (follows the actus reus to the actual victim)
Which case shows transfer of malice from a person to another person?
R v Latimer
Which case shows malice cannot be transferred from a person to an object?
R v Pembliton
