Mens rea Flashcards
How was intention defined in Mohan?
A decision to bring about, in so far as it lies within the accused’s powers, no matter whether the accused desired that consequence or not.
Is motive the same as intention?
No.
What is oblique intent?
Where the defendant intends one thing but causes another.
What is foresight of consequences?
When the defendant realises that his actions may not cause the consequences he intended.
What is the leading case on foresight of consequences?
Woollin.
What did Woollin state?
Where the defendant foresees the consequence as virtually certain, the jury are entitled to find intention.
What is the starting point for foresight of consequences?
Section 8 of the Criminal Justice Act 1967.
Which cases came before Woollin?
Moloney, Hancock and Shankland and Nedrick.
What was decided in Nedrick?
The consequence must be a virtual certainty and the defendant must realise this.
What are the problems with the decision in Woollin?
- Does the change to the word find make the law any clearer?
- Is foresight of consequences intention or merely evidence of it?
How have courts struggled with the concept of intention when foresight of consequences is involved?
- What is a natural and probable consequence?
- Jurors find it difficult to apply the tests after Moloney.
- There are still problems with the law on intention.
How is reform of the law on intention focused?
On defining intention in a satisfactory way.
What is recklessness?
When the defendant knows there is a risk of the consequence happening but takes that risk anyway.
What is subjective recklessness?
Knowing of a risk and still taking it.
Why was objective recklessness abolished?
It led to unfair convictions as everyone was judged under the standards of a normal person.
Which case approved the definition from the draft Criminal Code?
G and another (2003).
What are some issues with the law on recklessness?
- Law is fairer to defendants.
- Conflict between public policy and legal principles.
- Difficult for prosecution to prove what the defendant intended.
What are some issues with the law on recklessness?
- Law is fairer to defendants.
- Conflict between public policy and legal principles.
- Difficult for prosecution to prove what the defendant intended.
When is a person negligent?
When they fail to meet the standards of a reasonable man.
What is the level of mens rea often required for statutory offences?
Knowledge.
What is transferred malice?
A defendant can be guilty if they intended to commit a crime but the same crime was committed against a different victim.
Which case demonstrated transferred malice?
Latimer.
What is general malice?
Where the defendant does not have a victim in mind.
What is the transaction theory?
Where mens rea is formed during a series of events.
What is the continuing act theory?
The defendant can have the mens rea at some point during the actus reus, not necessarily all the way through.
