mens rea Flashcards
What does MR mean?
The mens rea is known as the ‘guilty mind’ and concerns the mindset of the defendant the actus reus was committed.
What are specific intent crimes?
Specific intent crimes are crimes that only have intention as their mens rea, e.g., theft, murder, S.18 GBH.
What are basic intent crimes?
However, basic intent crimes have intention or recklessness as their mens rea, e.g., manslaughter, assault, S.20 GBH, S.47 ABH or battery.
How many types of MR are required?
There are 2 types of mens rea required:
What is the first type?
Intention.
How many types of intention are there?
There are 2 types of intention:
What is the first type of intention? Back with case example.
The defendant may have direct intent where they have the aim and desire to kill, injure or steal as in R v Mohan.
What is the second type of intention?
The defendant may have indirect intent where they intend 1 thing, but the actual consequence of their conduct wasn’t what they intended.
Which case law confirmed the ‘virtual certain’ test for oblique intent?
R v Woolin.
What is the ‘virtual certain’ test?
This is where the defendant was ‘virtually certain’ of their actions and appreciated this.
What is the second type of MR required for a crime. Back with case example.
Recklessness is a mens rea which is where the defendant takes an unjustifiable risk and recognises that risk as in R v Cunningham.
What is transferred malice?
If the defendant wants to kill or injure a certain person but makes a mistake and attacks another, he will still be held liable.
Why would the defendant still be held liable if he makes a mistake and attacks someone else?
This is because mens rea from one person will be transferred to another.
Which case law demonstrates transferred malice?
R v Latimer.
What happens if the defendant has the MR of 1 crime and commits the AR of another?
The MR will not be transferred.
