Mens rea Flashcards
criminal law paper 1
What is meant by subjective recklessness?
Subjective recklessness is when the defendant is aware of a risk and decides to take it anyway, knowing the risk could cause harm.
Why was D not reckless in R v Cunningham?
The defendant did not realise the risk of gas escaping from the broken gas meter and causing harm, so he lacked subjective recklessness.
How is direct intent defined?
Direct intent is when the defendant’s aim, purpose, or desire is to bring about a specific result.
Why did the Defendant in R v Mohan have direct intent?
The defendant deliberately drove his car at a police officer, making it clear that causing harm was his aim and purpose.
How is oblique intent defined?
Oblique intent occurs when the defendant foresees that a result is virtually certain to occur as a consequence of their actions, even if it is not their primary aim.
When will oblique intent be relevant?
Oblique intent is relevant when the result of the defendant’s actions is not their primary aim, but they foresee the result as virtually certain.
How was gross negligence defined in R v Adomako?
Gross negligence was defined as conduct that shows such a disregard for the life and safety of others that it amounts to a crime, particularly in situations where the defendant owes a duty of care.
What is meant by transferred malice?
Transferred malice occurs when the defendant intends to harm one person but unintentionally causes harm to another; their mens rea is transferred to the actual victim.
Why was D not criminally liable in R v Pembliton?
The defendant’s mens rea to harm a person could not be transferred to the property he accidentally damaged, as the intent was not related to the type of harm caused.
What is the problem with the law on oblique intent?
The law on oblique intent can be unclear and inconsistent, as courts struggle to define and apply the threshold of “virtual certainty,” leading to confusion in its application.
What have the Law Commission suggested to reform the law on intention?
The Law Commission has suggested clarifying the definition of intention to ensure consistency, including making it explicit that a result foreseen as virtually certain should constitute intent.
