Mens Rea

Question 1

What is mens rea?

Answer 1

The Guilty Mind

Question 2

How can MR be subdivided?

Answer 2

Subjective mens rea; Objective mens rea

Question 3

What is the term subjective used to indicate?

Answer 3

Identifying a certain state of mind held by D

Question 4

What is the term objective used to indicate?

Answer 4

Judging D by an external standard of reasonableness.

Question 5

What is the ulterior mens rea?

Answer 5

A mens rea requirement that does not correspond to a conduct, circumstance or result element of the AR

Question 6

What is an example of an ulterior MR

Answer 6

The offence of theft - requires D to permanently deprive V

Question 7

What is the general rule regarding the test of voluntariness?

Answer 7

Presumption that D’s conduct was voluntary unless it can be rebutted

Question 8

What is the mens rea requirement for the conduct element for every offence?

Answer 8

Whether the act was voluntary

Question 9

What is the most serious standard of mens rea?

Answer 9

Intention

Question 10

How can intention be satisfied?

Answer 10

Direct or oblique intention

Question 11

What is direct intention

Answer 11

If D acts with a purpose or aim towards it

Question 12

What is the leading case defining direct intention?

Answer 12

Moloney

Question 13

What is oblique intention

Answer 13

D intends an AR requirement where it is virtually certain to arise, D recognises this and the jury find that this recognition amounts to intention

Question 14

How can direct intention be expressed?

Answer 14

Within the success/failure dichotomy- D directly intends damage because her enterprise would be a failure if the vase would not be damaged

Question 15

What is the leading case for oblique intention?

Answer 15

Woollin

Question 16

What is meant by virtual certainty?

Answer 16

AR element foreseen by D as practically inevitable

Question 17

What is a conditional intention?

Answer 17

D intends to bring about an offence if a certain condition arises (if she can buy a gun)

Question 18

What is the mens rea of knowledge?

Answer 18

D has knowledge of an offence element if she believes that it is the case and is correct in that belief

Question 19

What does the test for a mens rea of knowledge involve?

Answer 19

Subjective- focuses on D’s state of mind
Objective- what D believes must be true in fact

Question 20

Where else can a state of knowledge be found?

Answer 20

D foresees the possibility of a certain circumstance, deliberately avoids finiding out and the circumstance is present (wilful blindness)

Question 21

What did Westminster CC v Croyalgrange Ltd find?

Answer 21

Wilful blindness=knowledge

Question 22

What is the MR of belief?

Answer 22

D believes a circumstance exists or foresees it as highly likely. No objective second limb requiring D’s belief to be correct in fact.

Question 23

What is the MR of recklessness

Answer 23

To satisfy, D must have foresaw a risk of the relevant element of AR and unreasonably continued to run that risk.

Question 24

What is the leading case law for the subjective test for recklessness?

Answer 24

Stephenson

Question 25

Is the degree of risk foreseen by D relevant?

Answer 25

No (Brady)

Question 26

How can the objective part of the recklessness test be proven?

Answer 26

Whether such conduct would be considered reasonable by others in her position

Question 27

What is the leading case law for MR of dishonesty?

Answer 27

Ivey

Question 28

What does the jury consider with regards to establishing a MR of dishonesty?

Answer 28

What was the actual state of d's knowledge or belief as to the facts, in the context was D's conduct dishonest by the standards of ordinary decent people?

Question 29

What is the MR of negligence>

Answer 29

Where D's conduct drops below the standard we expect from reasonable people

Question 30

What is required to establish negligence?

Answer 30

What was d's duty of care? did D breach that duty?