Mens Rea Flashcards
How many levels are there?
4 different levels of MR
Definition of MR
Latin for guilty mind
All aspects of an offence apart from AR
State and explain the most important level with case examples
Direct intention: Defendant intends the act and wants the result. R v Gregory and Mott- couple intended and wanted to kill victim;
R v Mohan- intentionally drove car at police officer and wanted the result
What is the next most important type of MR? With case examples
Indirect intention: defendant intends the act but not the result, however the result was a ‘virtual certainty’.
R v Woollin- intends the act of throwing baby against the wall but not result of death, however death was a virtual certainty;
R v Nedrick- intends to set husbands house on fire but did not expect to harm husband and his girlfriend, however harming the occupants was a virtual certainty.
What is the 3rd important type of MR? With case examples
Subjective Recklessness: defendant takes an unjustified risk, sees the risk but carries on with it.
R v Cunningham- took an unjustified risk by tampering with gas meter and poisoned his mother in law next door;
R v R and G- kids set comic books on fire next to building block and it caught on fire. Subjective test so each individuals characteristics and personalities are looked at individually
What is the least important type of MR? With case examples
Gross negligence: defendant owes a duty of care, defendant breaches the duty of care, breach leads to death.
R v Adamako- anaesthetist looked away from table with patient for 2 mins and the oxygen tube came off and patient died from deprivation of oxygen;
R v Wacko- lorry driver forgot to open the vent in the back for the illegal immigrants to breath and they all died from lack of oxygen
