Mens Rea Flashcards
What does mens rea relate to?
The defendant’s state of mind at the time of committing the offence
Reflects the blameworthiness of the defendant - the intention or knowledge of wrongdoing.
What is the difference between intention and motive in mens rea?
Intention is the want of the defendant; motive is why. Motive is only considered when sentencing.
Define direct intent.
The aim, wish, want, or desire of the defendant
Legal test = R v Mohan - ‘a decision to bring about the prohibited consequence’.
What is indirect/oblique intent?
When the defendant’s main purpose of actions is something else but foresaw the consequence of those actions
Legal test - R v Woollin - virtual certainty test.
What are the two questions in the virtual certainty test?
- Was the outcome a virtually certain consequence of the defendant’s actions? 2. Did the defendant realize this?
What is the difference between subjective and objective tests in mens rea?
Subjective refers to the actual state of a person’s mind; objective focuses on what a rational person would think.
What legal principle about foresight and intention is established in R v Matthew and Alleyne?
Foresight is only evidence of intention, which is a matter for the jury.
What is recklessness in mens rea?
A lower level of mens rea where the defendant is regarded as less culpable
Reckless means taking a risk that the defendant is aware of.
What is the legal test for recklessness as established in R v Cunningham?
The conscious taking of an unjustifiable risk.
What is transferred malice?
When the mens rea can be transferred from the intended victim to the actual victim
This makes the defendant guilty of an offence against the unintended victim.
What are the two principles under which transferred malice can occur?
- Unintended victim principle
- Additional victim principle
What is the exception to the general rule of transferred malice?
Where the defendant had the mens rea of one crime but commits the actus reus of another, they cannot be convicted of either crime.
What does the contemporaneity rule refer to?
The coincidence of actus reus and mens rea for a crime to be committed.
What are the two situations where the contemporaneity rule may not apply?
- Continuing acts
- Series of events as a single transaction
What is strict liability?
A category of offence that requires no mens rea in respect of at least one aspect of the actus reus.
What is absolute liability?
No mens rea needed and actus reus does not need to be voluntary; the defendant is liable due to being found in a certain situation.
What are the criteria to determine if an offence is one of strict liability as identified in Gammon (Hong Kong) Ltd v AG?
- Words of the statute imply strict liability
- It is a regulatory offence
- Issue of public safety or concern
- Encourages greater vigilance
- Carries a small penalty
List reasons that justify strict liability.
- Protect the public
- Promote greater care
- Easier to enforce
- Saves court time
List reasons that argue strict liability offences are morally wrong.
- Immoral to impose liability on blameless individuals
- Those showing care should not be penalized
- No evidence of imposing higher standards
