Mens Rea Flashcards
0
Q
Types of intention (mr) include
A
Direct Indirect Recklessness (objective) Transferred malice Coincidence
1
Q
Men’s rea is the ?
A
Mental element of the crime
2
Q
Direct, indirect and recklessness
A
Direct- Mohan-“a decision to bring about the prohibited consequence”
Indirect- woollin - was the consequence a virtual certainty
Recklessness - was there a risk of the consequence? Did d know the risk?
3
Q
Transferred malice
A
Men’s rea can be transferred to a different victim
- R v Latimer
but not crime… R v Pemblington
4
Q
Coincidence is?
A
Actus Reus and men’s rea must happen at the same time
- exists for fairness (can’t use mr from years ago) R v Fagan
