Mens Rea Flashcards
Definition of mens rea?
Mental element of an offence
Types of Intention?
Direct Intent
Oblique Intent
Recklessness
Definition for Direct Intent?
Intends specific consequence to occur
Case for Direct intent?
Mohan 1975
Definition of Oblique Intent?
Defendant does not desire an outcome; his aim or purpose is different
Case for Oblique Intent?
Woollin - D threw three-month-old baby into pram causing him to hit his head on the wall and die
Definition of Recklessness?
Where the defendant knows there is a risk of the consequence happening but takes it anyways
Case for Recklessness?
Cunningham - D tore gas meter off wall in an empty house, women next door was affected
Definition of Negligence?
A failure to meet the standards of the reasonable man
Case for Negligence?
R v Adomako
Definition of Foresight of Consequence?
Proving if D knew the consequence from his action or also knew the prohibited consequence
Case for Foresight of Consequence?
Moloney - D and stepdad are drunk, and both see who could load the gun faster and shoot D didn’t aim when he shot his stepdad, but the stepdad died
Definition of General Malice?
Defendant may not have a specific victim in mind (terrorist)
Definition of Transferred Malice?
Defendant can be guilty if he intended to commit a similar crime but against a different victim
Case for Transferred Malice?
Latimer - D aimed a blow with a belt at a man but instead hit a woman in the face, guilty of assault
