Mens Rea

Question 1

Men’s Rea definition

Answer 1

Guilty mind

Question 2

Men’s Rea is

Answer 2

Intention
Recklessness
Negligence

Question 3

Levels of Men’s Rea

Answer 3

Direct intent, desired outcome in mind (Mohan/Belfon)
Oblique intent, consequences are ‘virtual certainty’ (Woolin)
Subjective recklessness, realise consequences but take risk (Cunningham)
Negligence, are negligent (Adamako)

Question 4

Transferred malice definition

Answer 4

The Men’s Rea is transferred from intended V to unintended V

Question 5

Transferred malice cases

Answer 5

(Latimer) aimed belt to hit man but hit V instead
(Mitchell) pushed someone over in post office scuffle killed old lady
(Pembilton) threw stone at someone missed breaking a window

Question 6

Strict liability definition

Answer 6

Doesn’t require Men’s Rea, unaware

Question 7

Strict liability cases

Answer 7

(Gammon v HK) set out 5 factors for courts to consider for strict liability
(Sweet v Parsley) teacher unaware property being used to smoke cannabis
(B v DPP) 14yr old not guilty as crime was a true crime found he lacked Mens Rea

Question 8

Coincidence rule

Answer 8

Actus Reus and Men’s Rea need to be present at same time

Question 9

Coincidence rule cases

Answer 9

(Fagan v MPC) offence happened D didn’t know they were committing but when told continued
(Thabo Meli) D had Mens Rea of offence but Actus Reus didn’t happen until later