Mens Rea Flashcards
What is the definition of Direct Intention? Which case illustrates this?
The D’s aim or purpose, as established in ‘Mohan’.
What is the definition of MR?
This refers to the mental elements of the crime. This is the state of mind D must possess at the time of the offence.
What is Oblique Intention?
This covers situations where it may be difficult to show intent. Yet, this is only where the jury is satisfied that the consequence was ‘virtually certain’ to result and that the D knew this - although they might not desire it.
When is Oblique Intention relevant?
Where the MR of that crime is intention only.
Which case illustrates Oblique Intention?
R v Woollin (1998)
What is Subjective Recklessness?
Where D recognises the risk and goes on to take said risk - question of whether the D as an individual recognised the risk.
What is Objective recklessness?
Far wider approach which considers whether the ordinary person would recognise the risk.
What case established subjective recklessness?
R v Cunningham (1957)
Which case illustrates the possible injustice of objective recklessness?
Elliott v C (1983)
What is Transferred Malice?
If D, with the MR of one crime, performs the AR of that crime, then he is guilty.
Which case illustrates Transferred Malice?
R v Latimer (1886)
What must the offence be?
If D, with the MR of one crime, performs the AR of another, different crime, he cannot be convicted of either.
Which case illustrates that the crime must be the same?
R v Pembliton (1874)
What is the continuing act principle?
Where the AR takes the form of a continuing act, it has been held that it is sufficient if D forms MR at some point.
Which case illustrates the CA Principle?
Fagan v Metropolitan Police Commissioner (1968)
