Mens Rea ✅ Flashcards
What does Mens Rea mean?
Guilty mind
What is a crime?
Conduct forbidden by the state, for which there is a punishment
Where are definitions of crimes found?
Statute
What are the 4 types of MR?
Specific intention
Oblique intention
Subjective recklessness
Negligence (gross negligence)
What is direct intention?
” a decision to bring about, in so far as it lies within the accused’s power (the prohibited consequence) no matter whether the accused desired that consequence of his actor not”
What is the significance of R v Hancock and Shankland?
An example of oblique intent
How can indirect intention be determined?
The subjective test - a court or jury shall not be bound in law to infer that he foresaw a result of his actions by reason of it being the natural and probable consequence… But shall decide whether he did intend or foresee that result by drawing such inferences from the evidence as appear proper. - this basically means just because the consequence is obvious, the jury does not have to find D guilty.
What do courts look at if D does not have direct intent?
Foresight of consequences
What is subjective recklessness?
The conscious taking of an unjustifiable risk
What is meant by negligence?
The failure to meet the standards of the reasonable man
