Mens Rea Flashcards
What does mens rea mean?
Means guilty mind. Refers to the mental element of a crime
What are the 2 types of intention?
1) Direct Intention
2) Oblique (indirect) intention
What does direct intention in mens rea mean?
D has a clear aim or purpose to bring about a specific result
What does oblique intention in mens rea means?
D’s primary aim may not be the result, but the outcome is a virtual certainty of their actions, and D foresees this as such
When is a defendant reckless?
When they foresee a risk and proceed despite it (and taking that risk is unreasonable)
What are the two types of recklessness and their definitions?
- Subjective Recklessness = What was in D’s mind. D must foresee the risk to be convicted
- Objective Recklessness = What would’ve been in the mind of a reasonable person
What are case examples for the two types of recklessness?
- Subjective = R v Cunningham (1957)
- Objective = R v Caldwell (1981)
What was the old law on dishonesty, who was this established by?
R v Ghosh (1982) established a two-part test:
1.(Objective test) = Was D’s conduct dishonest by the standards of reasonable people?
2.(Subjective test) = Did D realise their conduct was dishonest by those standards?
What are the 2 main criticisms of Ghosh?
- Allowed defendants with skewed moral views to escape liability
- Created uncertainty by relying on jury interpretation
What is the new law on dishonesty and who was it established by?
Ivey v Genting Casinos (2017)
1. What was D’s actual knowledge or belief about the facts (according to the court, not D)?
- Was D’s conduct dishonest by the standards of ordinary, decent people?
What is negligence in Mens Rea?
Failure to meet the standard of care expected of a reasonable person
What cases is negligence usually seen in?
Cases of gross negligence manslaughter
What is the key case for negligence?
Adomako (1995)
What are the two main “exceptions” to Mens Rea?
- Strict Liability
- Ulterior Mens Rea
What is strict liability?
Some offences do not require proof of mens rea for at least one element of the actus reus
- Guilt can be established by conduct/omission regardless of mindset
What is an example of strict liability?
Sexual Offences Act 2003, s.5– Sexual activity with a child under 13 is an offence regardless of D’s knowledge or belief about the victim’s age
What is ulterior Mens Rea and what is an example of it?
The Mens Rea element extends beyond the corresponding Actus Reus
- Example:Burglaryrequires proof of entry into a buildingwith intent to steal, even if no theft occurs
What happened in the Winzar v Chief Constable of Kent
(1983) case?
The defendant was charged with being drunk in a public
place even though his presence on the highway was
involuntary
- this did not exempt him from liability
What was the key issue in the Woollin (1998) case?
Whether Woollin intended the
death or serious harm of his baby
What is the significance of the term “culpable state of
mind”?
A culpable state of mind signifies that a person acted
with intention, knowledge, recklessness, or negligence, which is necessary for establishing criminal liability
