Mens rea Flashcards
What does mens rea mean?
Guilty mind.
What is recklessness?
When the defendant knows there is a risk that their actions may cause harm, but they continue anyway.
What case is used for mens rea involving recklessness?
R v Cunningham.
Describe the R v Cunningham case.
Defendant caused gas poisoning by removing a meter to steal money.
Held not reckless as he didn’t realise the risk of outcome occurring.
What is Cunningham Recklessness?
When the defendant realises the risk and proceeds anyway.
What are the 2 types of intention?
Direct intent and oblique intent.
What is direct intent?
When the defendant desires to bring about the prohibited outcome.
What case is used for mens rea involving direct intention?
R v Mohan.
Describe the R v Mohan case.
Officer told defendant to stop his car but instead he accelerated.
He had the desire to do the prohibited action.
What is oblique intent?
When the prohibited outcome is virtually certain, and the defendant realises this.
What case is used for mens rea involving oblique intention?
R v Woolin.
Describe the R v Woolin case.
Defendant killed a baby by throwing it but did not desire this outcome.
The consequence was virtually certain.
What is negligence?
Failing to meet the standard of care expected of a reasonable person and causing harm.
What case is used for mens rea involving negligence?
R v Adomako.
Describe the R v Adomako case.
Anaesthetist failed to notice a disconnected oxygen tube and patient died.
What is transferred malice?
When the mens rea the defendant has for one victim is transferred to the actual victim.
What case is used for mens rea involving transferred malice?
R v Latimer.
Describe the R v Latimer case.
Defendant aimed to hit one person with a belt, but hit someone else instead.
Mens rea was transferred to actual victim.
