Mens Rea Flashcards
What does mens rea mean?
Guilty mind
What does the prosecution in criminal cases need to prove?
The D had both the actus reus and the mens rea of the crime.
What two types of mens rea are there?
Recklessness
Intention
What is Recklessness?
Lower level of mens rea, Prosecution needs to prove D took an unjustifiable risk.
What three cases are associated with Recklessness?
R v Cunningham (1957)
Caldwell (1981)
R v G and Another (2003)
What happened in R v Cunningham (1957)?
D pulled gas metre from wall to steal money in it. Gas leaked into nearby houses made a women very ill.
What was the legal principle in R v Cunningham (1957)?
Test for recklessness was subjective - D was reckless if they had foreseen the risk of harm but took the risk.
What was the legal principle in Caldwell (1981)?
Objective test - Court said D could be reckless if they did an act creating obvious risk even though they may not have been aware of that risk.
What happened in R v G and Another (2003)?
Two boys burned down local Co-op by starting a fire under a bin.
What was the legal principle in R v G and Another (2003)?
HoL ruled recklessness is always subjective. Test is: A person acts recklessly in respect to 1. A circumstance when they are aware it exists, or 2. A result when they are aware of a risk that will occur.
