mens rea

Question 1

what is mens rea?

Answer 1

To distinguish between harmful conduct and wrongful conduct (turns something bad into something criminal)
Guilty Mind
Defendants mental state, reasoning or understanding

Question 2

recklessness

Answer 2

R v Cunningham 1957: subjective recklessness, as part of definition of “statutory malice”

Actual foresight by D of risk of some harm (Brady 2006)
Conscious taking of the risk (including wilful ignoring: Stephenson 1979, Parker 1977

Question 3

rape and belief

Answer 3

DPP v Morgan 1976: a man only requires honest, not reasonable, belief in consent.
Sexual Offences (Amendment) Act 1976:
originally - Only counts if it is a genuine belief of consent - not an absurd one - then not guilty as no mens reas

Question 4

how long does actus reus last

Answer 4

Fagan v MPC 1969

Question 5

transferred malic

Answer 5

Transferred malice.
Mens rea directed at X, actus reus takes place, but to Y.
The mens rea and actus reus must be for the same crime.
Latimer 1886: The wandering belt: simple transferred malice.
Grant and others 2014: Shooting-up the shop: constructive crime and transferred malice.