Mens Rea

Question 1

what is mens rea

Answer 1

guilty mind

Question 2

what is direct intention

Answer 2

where the consequence of an intention is actually desired, a decision to bring about, so far as it lies within the defendant’s powers, the criminal consequence

Question 3

case link to direct intention

Answer 3

Mohan 1976

Question 4

what is indirect intention

Answer 4

consequence is virtual certainty and D foresees a result as virtually certain, jury are entitled to find indirect intent

Question 5

what is a subjective recklessness

Answer 5

D knows a risk exists and D takes the risk

Question 6

case link to subjective recklessness and what happen

Answer 6

Cunningham 1957 was not guilty as it could not be shown that he knew there was a risk of harming someone

Question 7

what is the concept of fault

Answer 7

the concept of fault relates to the idea of being ‘blameworthy’

Question 8

why should a person not be liable unless

Answer 8

for a criminal offence unless they are responsible for what they have done.

Question 9

what are the instances where court don’t imposed liability

Answer 9

Children under the age of 10
People who are insane-could be detained under the mental health act 1983
Absence of mens rea-honest mistake
In self defence
Involuntary movement

Question 10

what is a subject mens rea

Answer 10

questions what was in D’s mind

Question 11

what are objective mens rea

Answer 11

question what would have been in the mind of a reasonable person

Question 12

what is actus reus

Answer 12

guilty act, action or conduct which is a constitution element of crime as opposed to the mental state of the accused.

Question 13

what must actus reus be

Answer 13

must be voluntary

Question 14

case link to actus reus voluntary

Answer 14

Hill v baxter

Question 15

what was the defence for Hill v baxter

Answer 15

The defence of automatism, in effect, says that the accused did not know or appreciate the nature or quality of his actions. In this sense, it gets very near to the defence of insanity. There was no evidence in this case that B was suffering from a “black-out.” His own evidence was consistent with falling asleep or not paying proper attention. Therefore, it was improper to find that B was not fully responsible in law and the appeal was allowed.

Question 16

what is a conduct crime

Answer 16

is a crime where only the forbidden conduct needs to be proved.

Question 17

what is a consequence crime

Answer 17

is a crime which causes or results in specified consequences

Question 18

what are state of affairs

Answer 18

-offences that criminalises a defendant being found in a found a particular circumstance at a particular time,irrelevant of how they got there

Question 19

case link to state affairs

Answer 19

r v larsonneur

Question 20

facts of r v larsonneur

Answer 20

D, a French woman, was deported against her will, from Ireland to England, by the Irish authorities. Upon her arrival she the offence of ‘being’ an illegal alien.

Question 21

held r v larsonneur

Answer 21

her conviction was upheld despite the fact that she had not

Question 22

what is omissions

Answer 22

falling to act not enough for actus reus

Question 23

what the expectation of omission

Answer 23

pre-existing duty

Question 24

what statute links to pre-existing duty

Answer 24

s.170 Road Traffic Act 1998(duty to report an accident)

Question 25

what cases link to pre-existing duty

Answer 25

pittwood Gibbins & Proctor Stone & Dobinson dytham miller

Question 26

what was the duty in Pittwood

Answer 26

contractual duty

Question 27

facts of Pittwood

Answer 27

D was employed by a railway company to man the gate at a level crossing.d lifted the gate to allow a cart to pass and then went off to lunch, failing to closing the gate.a train later collided with a horse and cart killing the train driver

Question 28

held for Pittwood

Answer 28

D was liable for the death of the train driver as it was contractual duty to close the gate.

Question 29

what was the duty in Gibbins & Proctor

Answer 29

special relationship

Question 30

facts of Gibbins & Proctor

Answer 30

father of a 7 year old girl lived with a partner.he had several other children but kept the girl separate and starved her to death

Question 31

held for Gibbins &proctor

Answer 31

Both the father and partner were convicted of murder,as the father had a duty to the child because he was her parent and the mistress had undertaken to look after the children including the girl so also had a duty to feed her

Question 32

facts of stone &dobinson 1918

Answer 32

D1’s elderly sister came to live with D1 and D2.V was eccentric and often stayed in her room for long period of time and failing to eat.she became bedridden and incapable to take care of her self.D2 on one occasion,he had tried to help her by washing her and prepare food for her.she died from malnutrition and both D1 and

Question 33

held for stone & dobinson 1918

Answer 33

D2 were both found guilty of manslaughter.the D1 owed a duty of care to his sister.D2 had undertaken some care of her of V and therefor owed a duty of care.this duty was either to help V themselves or summon help and their failure to do so meant a breach of their duty.

Question 34

what is the duty in Dytham

Answer 34

Official position

Question 35

facts of Dytham

Answer 35

D was a police officer who was on duty.he saw V being thrown out of a night club near where he was standing .following that there was a fight in which tree man killed v to death.D took no steps to intervene or summon help and told a bystander that he was off duty and left the scene

Question 36

held for Dytham

Answer 36

he convicted of misconduct in a public office as D was a police office,he was guilty of wilfully and without reasonable excuse neglecting to perform his duty.

Question 37

what is the duty in miller

Answer 37

failing to stop a anger created

Question 38

facts of miller

Answer 38

D was in a squat and fell asleep with a smoking cigarette.he awoke to find his mattress on fire.D did not attempt to put the fire out or summon help and instead went to another room and went back to sleep.the house caught fire

Question 39

held for miller

Answer 39

D was convicted of arson.it was not setting the mattress on fire that was arson,but rather that D failed to take reasonable steps to deal with the fire once he discovered that the mattress was