Mens Rea Flashcards
What is mens rea?
Mens rea is the mental element of an offence- the state of mind they are in when they commit the AR
What are the two key forms of MR?
Intention and recklessness
What does the case of Pembliton tell us?
‘Malice’ can only be transferred between the same offence, not to a different offence
What does the case of Thabo Meli tell us?
The actus reus and mens rea must coincide but it does not have to be at the same time
What does the case of Latimer tell us?
Provided that the D has the mens rea for the intended victim this will suffice for the actual victim
What is coincidence?
The rule that the AR and MR must coincide at some point for there to be a crime but it does not have to be at the same time.
What is transferred malice?
The principle that the D can be liable for an offence where their intended victim is different from their actual victim
What does the case of Fagan V MPC tell us?
Coincidence can be a continuing act
What case defines recklessness?
Cunningham
What is recklessness?
This is where the D realised there is a risk of the consequence occuring but takes the risk anyway
What cases define oblique intent?
Nedrick; Woollin
what is oblique intent?
Where the D foresaw the consequence as a virtual certainty
What case defines direct intent?
Mohan
What is direct intent?
The defendants aim or purpose
