Mens Rea

Question 1

What is Mens Rea?

Answer 1

Mens Rea is the state of mind of someone, did they think about committing an offence?

Question 2

What is Actus Reus?

Answer 2

The act of committing a crime.

Question 3

Give three examples of crimes of Specific Intent.

Answer 3

Murder, 9.1a Burglary, and Section 18 GBH

Question 4

What is the alternative to a crime of specific intent?

Answer 4

A crime of basic intent, such as Section 20 GBH or Twoc.

Question 5

Is recklessness enough to satisfy crimes of specific intent?

Answer 5

No. You need to intend to commit the crtime, like section 20 GBH.

Question 6

In relation to foresight, what is needed to be considered by the jury (x3 points)?
(Think about your own example of being burglarled with heart condition)

Answer 6

1. If the defendant at the time of the crime new there was a probability of consequence.
2. The greater the probability of the consequence, the more likely the defeant saw the consequence.
3. If the defendant foresaw that consequence, it is more liekly the defendant intended it to happen.

Question 7

What is subjective belief?

Answer 7

A belief of the defendant.

Question 8

What is objective belief?

Answer 8

A belief society has.

Question 9

What are the two things the house of lords held regarding recklnessness?

Answer 9

1. A circumstance when he/she is aware of a risk that EXISTS, or WILL EXIST.
2. A result of such risk.

Question 10

Ultimately, who decides on if someone is reckless or not?

Answer 10

The court will decide if a risk is reasonable or not.

Question 11

What does the term Malice require?

Answer 11

Either the actual intent to cause the relevant harm, or at least foresight into the risk of causing some harm to a person

Question 12

What does Wilfully mean?

Answer 12

Recklessly or intentionally.

Question 13

What does the term KNOWING mean?

Answer 13

Absolutely certain, or virtually certain.