Mens Rea Flashcards
what are the 6 types of mens rea?
- intention
- recklessness
- negligence
- transferred malice
- coincidence
- strict liability
what does intention mean?
direct intention - 100% aim and desire
oblique intention - virtual certainty the outcome would occur
what case example can be used for direct intention?
Adebolajo - D wanted someone to experience war suffering like in his country. He decapitated an off duty British Soldier in London City Centre. It was his 100% aim and desire.
what case example can be used for oblique intent?
Woolin - D threw a baby at a wall, intending to land it in a pram. Guilty of manslaughter as it was virtually certain the baby would die.
what is recklessness?
where you take an unjustified risk.
what is the two part test for recklessness?
- did you know there was risk?
- did you take the risk anyway?
what case example can be used for recklessness?
G&R - Ds were two young boys who lit newspaper on fire and put it in wheelie bins. The fire spread and caused £1mil of damage. Guilty.
what is negligence?
where Ds actions fall below what is expected of them.
what case example can be used for negligence?
Adomako - D was an anaesthetist who failed to notice a faulty oxygen tube, resulting in the patients death. Guilty.
what is transferred malice?
where D has the aim to commit a certain crime, but the victim is different from who they intended.
what case example can be used for transferred malice?
Mitchell - D pushed someone in a post office queue. Due to the domino effect, an old lady fell over, broke her leg and died. Guilty.
what is coincidence?
must be in conjunction with the actual reus
what case example can be used for coincidence?
Miller - D was a squatter who fell asleep in an abandoned building on a mattress with a lit cigarette in hand. Building set on fire and he did nothing to prevent it. Guilty.
what is strict liability?
where D doesn’t have the full mens rea for the crime and instead has a partial mens rea.
