Mens Rea

Question 1

types of mens rea

Answer 1

intention
recklessness

Question 2

types of intention

Answer 2

direct
oblique

Question 3

types of recklessness

Answer 3

subejctive
objective

Question 4

mens rea is Latin for…

Answer 4

guilty mind

Question 5

what does mens rea refer to?

Answer 5

the state of mind of the person committing the crime

Question 6

subjective test

Answer 6

involves looking at what the actual defendant was thibking

Question 7

objective test

Answer 7

considers what a reasonable person would have thought in the defendant’s position

Question 8

do courts today prefer subjective or objective tests for mens rea?

Answer 8

subjective tests

Question 9

what does Lord Bridge state in Moloney (1985) 1 AC 905

Answer 9

intention is something quite distinct from motive or desire

Question 10

what does Lord Bridge mean when they state that “intention is something quite distinct from motive or desire” in Moloney (1985) 1 AC 905

Answer 10

a defendant might intend to commit an offence, yet have a good, even admirable motive for doing so

Question 11

what is the most culpable form of mens rea and why

Answer 11

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

Question 12

define tariff

Answer 12

minimum period to be served in order to satisfy the sentencing objectives of deterrence and retribution before the prisoner is eligible for parole

Question 13

explain direct intent

Answer 13

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

Question 14

explain oblique intent

Answer 14

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

Question 15

what does recklessness involve

Answer 15

the taking of an unjustified or unreasonable risk

Question 16

what is the subjective standard of recklessness referred to as?

Answer 16

Cunnigham recklessness

Question 17

current law on recklessness

Answer 17

R v G and another (2003) UKHL 50

Question 18

problems with Caldwell

Answer 18

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)

Question 19

the principle of coincidence

Answer 19

requires that the actus reus and mens rea coincide in time in order for a defendant to be guilty of a criminal offence

Question 20

what does the principle of coincidence mean?

Answer 20

that the defendant must form the mens rea for the requisite offence at some point during the actus reus of the offence

Question 21

the principle of transferred malice

Answer 21

requires that the defendant’s intention in relation to one crime to be transferred to another if it occurs

Question 22

leading authority of doctrine of transferred malice

Answer 22

Latimer (1886) 17 QBD 359