Mens Rea Flashcards
forms of mens rea
intention, recklessness and negligence
role of mens rea
ensures dissaprovol correctly attaches to criminal conviction
ensures blameworthy people are convicted of the right offences
specific and basic intent crimes
specific- only intention will suffice the MR
basic- recklessness or negligence will suffice the MR
meaning of intention
a person intends a result when they wants or desires it to happen
R v Mohan
oblique/indirect intention
R v Whoolin- (d does not intend the consequences but..)
was death or serious injury a virtual certainty
did the d appreciate that death or serious injury was a virtual certainty
intoxication
a drunken intent is still an intent- Majewski
intoxication can be a defence to specific intent crimes
intoxication is never a defence to a basic intent crime
transferred malice
where a person aims to harm one person but harms another
Mens rea is transferred to actual victim
R v Grant
recklessness
taking an unjustifiable risk of causing harm which they foresaw and took anyway
Cunningham
abolished caldwell test
subjective recklessness
R v cunningham
the question is whether the accused foresaw the risk not a reasonable person
objective recklessness
caldwell test- now abolished/ overrules by R v G and R
considers whether a reasonable person would have foreseen the risk
negligence
when the defendant acted in a way which a reasonable person would not
strict liability offences
offences that do not require the MR
sweet v Parsley
