Mens Rea Flashcards
what is mens rea
guilty mind
what is direct intention
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
case link to direct intention
Mohan 1976
what is indirect intention
consequence is virtual certainty and D foresees a result as virtually certain, jury are entitled to find indirect intent
what is a subjective recklessness
D knows a risk exists and D takes the risk
case link to subjective recklessness and what happen
Cunningham 1957 was not guilty as it could not be shown that he knew there was a risk of harming someone
what is the concept of fault
the concept of fault relates to the idea of being ‘blameworthy’
why should a person not be liable unless
for a criminal offence unless they are responsible for what they have done.
what are the instances where court don’t imposed liability
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
what is a subject mens rea
questions what was in D’s mind
what are objective mens rea
question what would have been in the mind of a reasonable person
what is actus reus
guilty act, action or conduct which is a constitution element of crime as opposed to the mental state of the accused.
what must actus reus be
must be voluntary
case link to actus reus voluntary
Hill v baxter
what was the defence for Hill v baxter
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.
what is a conduct crime
is a crime where only the forbidden conduct needs to be proved.
what is a consequence crime
is a crime which causes or results in specified consequences
what are state of affairs
-offences that criminalises a defendant being found in a found a particular circumstance at a particular time,irrelevant of how they got there
case link to state affairs
r v larsonneur
facts of r v larsonneur
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.
held r v larsonneur
her conviction was upheld despite the fact that she had not
what is omissions
falling to act not enough for actus reus
what the expectation of omission
pre-existing duty
what statute links to pre-existing duty
s.170 Road Traffic Act 1998(duty to report an accident)
what cases link to pre-existing duty
pittwood
Gibbins & Proctor
Stone & Dobinson
dytham
miller
what was the duty in Pittwood
contractual duty
facts of Pittwood
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
held for Pittwood
D was liable for the death of the train driver as it was contractual duty to close the gate.
what was the duty in Gibbins & Proctor
special relationship
facts of Gibbins & Proctor
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
held for Gibbins &proctor
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
facts of stone &dobinson 1918
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
held for stone & dobinson 1918
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.
what is the duty in Dytham
Official position
facts of Dytham
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
held for Dytham
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.
what is the duty in miller
failing to stop a anger created
facts of miller
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
held for miller
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
