Mens Rea Flashcards
Foresight
1) At the time of the criminal act there a probability of a consequence
2) The greater the probability of a consequence, the more likely the defendant foresaw that consequence
3) if the defendant foresaw that consequences, the more likely it is that the defendant intended it to happen
Virtual Certainty
The jury may infer that the defendant intended to bring about the consequences
Basic Intent
Recklessness will often be enough to satisfy the mental element
Specific intent
The defendant is shown to have had a particular intention to bring about a specific consequence.
Can voluntary intoxication be defence to an offence of specific intent?
Yes - defendants may be able to show they were so intoxicated they were unable to form the necessary mens rea.
Can a defendant use voluntary intoxication as a defence against an offence of basic intent?
No - courts have said that a defendant is till capable of forming basic intent even when completely inebriated.
If a defendant misjudges the amount they drink is this involuntary intoxication?
No - even if they alcoholic drink has been laced they are still voluntarily intoxicated.
Can the source of intoxication be drugs?
Yes - but the courts will consider the known effects of the drug in deciding whether or not the defendant had formed the necessary men’s rea; the characteristic of the drug will determine whether the defendant behaviours recklessly
Can mistaken belief through intoxication be a defence
Yes - in cases of criminal emanate where the defendant believes that it is his own property
A person acts recklessly with respect to;
- they are aware of a risk
- it is unreasonable to take the risk
Is awareness subjective to the individual
Yes - children are not often aware
Will the reasonableness of a risk be decided by the court
Yes - the key question is whether the defendant is aware of the risk
What is malice?
Malice requires intention to cause harm or foresight of the risk causing harm
What does Wilfully mean?
Intentionally or recklessly
What is knowing?
When some is virtually certain of something they can be regarded as knowing it
