Mens rea Flashcards

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1
Q

What is mens rea

A

The mental element of a crime

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2
Q

What are the 4 different levels of mens rea

A

Direct intent, oblique intent, subjective recklessness and negligence

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3
Q

What is direct intent

A

The D has the desired outcome in mind, you meant to do what you did

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4
Q

What case supports direct intent

A

Mohan

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5
Q

What is oblique intent

A

The outcome is a ‘virtual certainty’ and the defendant should realise this

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6
Q

What case supports oblique intent

A

Woolin

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7
Q

What is subjective recklessness

A

D must realise there is a risk of the consequence happening but decided to do it anyway

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8
Q

What case supports subjective recklessness

A

Cunningham

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9
Q

What is negligence

A

D has committed negligence/ wrongdoing which has resulted in the Vs injury death

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10
Q

What is the case that supports negligence

A

Adamako

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11
Q

What are the three principles under mens rea

A

Transferred malice, strict liability and coincidence rule

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12
Q

What is transferred malice

A

D can be criminally liable if they have the necessary mens rea to commit the crime but it just occurs against an unintended victim

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13
Q

What is a case that supports transferred malice

A

Latimer

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14
Q

What is the coincidence rule

A

The D can be guilty even if the mens rea and actus reus don’t occur at the same time

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15
Q

How many types of coincidence rules are there

A

2

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16
Q

What is the first type of coincidence rule

A

The offence happened, the defendant didn’t know they were committing it however when they found out they continued (the mens rea became present after the actus reus)

17
Q

What case supports the first type of coincidence rule

A

Fagan v MPC

18
Q

What is the second type of coincidence rule

A

The defendant had the mens rea of an offence but the actus reus did not happen until later, the mens rea will continue throughout if they are both a part of the same series of events

19
Q

What case supports the second type of coincidence rule

A

Thabo Melo

20
Q

What are strict liability offences

A

They are crimes that don’t require proof of mens rea

21
Q

What is an example of a strict liability offence

A

Speeding, driving without insurance…

22
Q

What case sets out the 5 factors the courts must consider with strict liability offences

A

Gammon ltd v AG of Hong Kong

23
Q

What is set out in the case of gammon

A

Start with presumption MR is required for all offences (Sweet v Parsley), presumption stronger for truer crimes (B v DPP), presumption rebutted if there is evidence that Parliament wanted the crime to be a strict liability offence. Example being ‘intent’ omitted from a section but included it in other sections, then courts should presume Parliament did not add the word ‘intent’ on purpose as to make the crime a strict liability crime, presumption rebutted in cases of social concern – activity causes pollution then courts should look at intention/ recklessness, presumption is rebutted if making the offence a strict liability offence will assist in prevent in from occurring.

24
Q

Case that supports strict liability offences

A

Sweet V parsley