Mens Rea Flashcards
What are the two types of intent
Direct intent
Oblique intent
What case defined direct intent
Mohan
What is direct intent
A decision to bring about the prohibited consequence
What is oblique intent
When D’s aim is something different to the actual consequence
What case established the two-part test for oblique intent
Woollin
What is the two-part test
- Was the consequence virtually certain
- Did D foresee that it was virtually certain
What is recklessness
Where there was a risk but D decided to take the risk anyway
What are the 2 cases for recklessness
Cunningham
Savage
What is the subjective test, established in Cunningham
Did D realise the risk of the consequence
What are the two cases for transferred malice
Latimer
Pembliton
What did the case of Latimer show us (transferred malice)
Malice can transfer from person to person
What did the case of Pembliton show us (transferred malice)
Malice could not be transferred from person to object
What does the coincidence rule tell us
For an offence to take place, there must be both AR and MR at the same time
What is the continuing act principle
If the act is taking place without MR but D gains the MR during the act, D can be liable
What is the case example for the continuing act principle
Fagan
