Mens Rea Flashcards
What are the two main components of a crime as per the elements of criminal liability?
Guilty Act + Guilty Mind
What is Mens Rea?
The mental state or intention behind committing a crime
What did Clarke (1972) demonstrate regarding Mens Rea?
A person can lack Mens Rea if they do not have the intention to commit a crime
What is Strict Liability?
Liability that does not depend on actual negligence or intent to harm
Define Direct Intent.
When a defendant aims and desires to bring about a specific outcome
What is Oblique Intent?
When a defendant foresees a consequence as a virtually certain result of their actions
In the case of D pushing a concrete block, what was the direct intent?
To stop V’s car
What is the ‘Virtual Certainty’ test?
A test to determine if a jury may find intention based on the outcome being virtually certain from the defendant’s actions
According to Woollin, what is foresight of consequences?
Evidence of intention, not intention itself
What is Subjective Recklessness?
When a defendant knows there is a risk of a consequence but takes that risk
What was the outcome of Cunningham (1957) regarding Mens Rea?
Not guilty, as he did not realize the risk of gas escaping
Fill in the blank: A crime consists of __________ + __________.
Guilty Act + Guilty Mind
True or False: Foresight of consequences is considered the same as intention.
False
What is the significance of the case Mohan in relation to Direct Intention?
Established the idea of aiming and desiring to bring about a certain outcome
List the cases that have influenced the understanding of intention.
- Matthews & Alleyne
- Moloney
- Nedrick
- Hancock & Shankland
- Woollin
What does the law say about intention according to Woollin?
Foresight of consequences is evidence of intention
