mens rea Flashcards
1
Q
definition
A
the mental element of the offence
2
Q
intention
A
where you want the outcome.
direct intent- 100% aim and desire
oblique intent- no aim and desire but 90% sure of the outcome
case-mohan (direct)- was told to stop driving by the police but didn’t stop
case-woollin(oblique)- threw a baby at pram but it hit the wall.
3
Q
recklessness
A
- realized the risk
- still taking the risk
case-g&r- went camping, set a fire to keep warm and it burnt down a whole shop with one mil repairs.
4
Q
negligence
A
where your actions fall below what is expected of you.
case-adamako
5
Q
transferred malice
A
this is where you have the aim to commit a crime but your victim isn’t who you intended.
case- Mitchell- shoved a guy who fell on a old woman.
6
Q
coincidence
A
contemporaneity rule
case-miller
7
Q
strict liability
A
where you dont have the full mens rea.
case- road traffic act
