Mens Rea Flashcards
What is Mens Rea ?
The guilty mind
What are the different levels of Mens Rea ?
Intention
Recklessness
Negligence
What are the different types of intention ?
direct intent
oblique intent
Define oblique intent ?
Where the defendant didn’t desire that particular outcome but it still occurred
Define direct intent ?
Where the defendant intended for a specific outcome to occur
define recklessness ?
The defendant commits an act knowing there may be a risk to their actions
What is foresight of consequences ?
Where the defendant should’ve been able to anticipate the consequences of their actions
what is the term for when the defendant has no particular victim in mind ?
General malice
for an offence to have take place does both the MR and AR need to be present ?
yes
what is coincidence of AR & MR ?
Where the Actus Reus and Mens Rea aren’t present at the same time
What is the case of R V Woollin (1999) an example of ?
Oblique intent and recklessness
What happened in the case R V Woollin (1999) ?
The appellant threw his baby at a hard surface, “he must have realised and when he threw the child that there was a substantial risk and you should convict him of murder.”
The jury convicted of murder and also rejected the defence of provocation.
