MENS REA

Question 1

what are the 2 types?

Answer 1

Intention and recklessness.

Question 2

what are the 2 types of intention?

Answer 2

Direct intent and indirect intent.

Question 3

explain direct intention with case reference:

Answer 3

MOHAN - The D’s aim, purpose and desire to bring about the result.

Question 4

explain indirect intention with case reference:

Answer 4

WOOLIN - Developed the 2 stage virtual certainty test.
•Was death or injury virtually certain? (objective)
•Did the D realise this? (subjective)

Question 5

what are the 2 types of recklessness?

Answer 5

Subjective and objective.

Question 6

explain subjective recklessness with a case reference:

Answer 6

CUNNINGHAM & RvG+R
•Was the defendant aware of a risk?
•Did the defendant take the risk and carry on?

Question 7

explain objective recklessness with a case reference:

Answer 7

CALDWELL - Defendant isn’t aware of the risk but a reasonable person would be aware.

Question 8

what is transferred malice?

Answer 8

When the law takes someone’s mens rea and transfers it to another victim.
• Person to person or object to object.
• Can only be transferred for similar crimes.

Question 9

what are the cases for transferred malice?

Answer 9

Latimer & Pembilton

Question 10

what is the coincidence rule?
with a case reference:

Answer 10

The rule states the actus reus and mens rea are a continuing act and as long as they occur “at some point”, the crime will be complete.
•CHURCH