Mens Rea Flashcards
(22 cards)
types of mens rea
intention
recklessness
types of intention
direct
oblique
types of recklessness
subejctive
objective
mens rea is Latin for…
guilty mind
what does mens rea refer to?
the state of mind of the person committing the crime
subjective test
involves looking at what the actual defendant was thibking
objective test
considers what a reasonable person would have thought in the defendant’s position
do courts today prefer subjective or objective tests for mens rea?
subjective tests
what does Lord Bridge state in Moloney (1985) 1 AC 905
intention is something quite distinct from motive or desire
what does Lord Bridge mean when they state that “intention is something quite distinct from motive or desire” in Moloney (1985) 1 AC 905
a defendant might intend to commit an offence, yet have a good, even admirable motive for doing so
what is the most culpable form of mens rea and why
intention
as it involved acting with the objective of bringing about a consequence or with the desire to bring about that consequence and foresight that those actions are virtually certain to do so
define tariff
minimum period to be served in order to satisfy the sentencing objectives of deterrence and retribution before the prisoner is eligible for parole
explain direct intent
one’s aim or purpose
when we state that we have an intention to do an act, we mean we desire/ our aim is to do that act
explain oblique intent
less common form of intention
doesn’t involve one’s aim or purpose
requires the consequences of the defendant’s actions to be virtually certain to occur along with the defendant’s appreciation that they are so
what does recklessness involve
the taking of an unjustified or unreasonable risk
what is the subjective standard of recklessness referred to as?
Cunnigham recklessness
current law on recklessness
R v G and another (2003) UKHL 50
problems with Caldwell
the law under Caldwell failed to provide any protection to a defendant who was incapable of appreciating a risk that would be obvious to the reasonable person
(e.g., age, lack of maturity, limited intellect)
the principle of coincidence
requires that the actus reus and mens rea coincide in time in order for a defendant to be guilty of a criminal offence
what does the principle of coincidence mean?
that the defendant must form the mens rea for the requisite offence at some point during the actus reus of the offence
the principle of transferred malice
requires that the defendant’s intention in relation to one crime to be transferred to another if it occurs
leading authority of doctrine of transferred malice
Latimer (1886) 17 QBD 359
