mens rea Flashcards
mens rea definition
to be guilty of a crime D must have the guilty mind to commit that crime
types of mens rea
direct intent
indirect intent
direct intent D
where it’s D’s aim and desire to produce a certain result
SUBJECTIVE TEST
direct intent source
Mohan - defendant does everything they can to bring about the desired result
indirect intent 2 step test
IS SUBJECTIVE
1. was death or serious injury virtually certain as a result of D’s actions
2. D realises this
indirect intent source
woollin
subjective recklessness D
there is a risk that the consequence will come about but D takes that risk anyway
subjective recklessness source
cunningham
negligence
failure to meet the standards of a reasonable person
strict liability offence
when it is not required to prove intent for one part of the actus reus
strict liability offence source
Sweet v Parsley
transferred malice D
mens rea can be transferred from the intended V to the actual V where D misses their intended target
transferred malice source
Latimer
coincidence of actus reus and mens rea
for a crime to have taken place both the AR and MR must be present at the same time - contemporaneity rule
the continuing act theory
the act is still going on so AR and MR coincide
