Mens Rea

Question 1

What are the 3 types of mens rea?

Answer 1

Direct intent

Oblique intent

Subjective recklessness

Question 2

What is the definition and case on direct intent

Answer 2

Desired of aims to bring arround prohibited consequences

Mohan

Question 3

What is the definition and case of oblique intent

Answer 3

Prohibited consequence must be a virtual certainty

Woolin

Question 4

What is the definition and case of subjective recklessness

Answer 4

D must realise there is a risk and decide to take it

Cunningham

Question 5

What is transferred malice?

Answer 5

If they have the mens rea to commit a crime, but on an unintented victim

Question 6

What is the case for transferred malice?

Answer 6

Latimer

Question 7

What case says that transferred malice doesn’t apply if it’s a different crime

Answer 7

Pembliton

Question 8

What is a strict liability?

Answer 8

Where D is guilty by doing the actus reus alone, no need for mens rea.

Question 9

What is the case for strict liability?

Answer 9

Harrow LBC v shah

Question 10

What case clarifies strict liability?

Answer 10

Sweet v parsley