Mens Rea Flashcards
What is a mens rea?
The mens rea is the guilty mind of the act, along side actus reus it is needed in the majority of crimes
What are the two types of mens rea?
- Intention
- Recklessness
Two types of intention?
- Direct intention
- Indirect intention
What is direct intention?
Where the defendant intends to perform a criminal act and he does so.
The case which defies direct intention?
Mohan
What is another way if saying indirect intent?
Oblique intent
What is indirect (oblique) intent?
Where the defendant intended to perform the act but not the consequences.
What is the test used for indirect intent?
Virtual Certainty Test
What is the virtual certainty test?
This test allows the jury to infer intention if:
A) the consequence is a virtually curtain result of the act.
B) the defendant knows that it is a virtually curtain consequence.
The case that illustrates the virtual certainty test?
Woollin
What is recklessness?
Recklessness is where the defendant is aware there is a risk from the actions they are about to perform but they do it anyway.
The case that illustrates rescklessness
Cunningham
What is strict liability
Crimes where an actus reus is required but mens rea isn’t. Most of these offences are statutory offences and others are regulatory offences.
Examples of everyday life things that amount to a struct liability offence
- Speeding
- Dropping litter
- Health and safety issues
The case that establishes the criteria the courts use to determine whether or not an offence is one of strict liability.
Gammon Ltd v Attorney-General for Hong Kong
The criteria which decides if a new offence is one of strict liability
- Presumption of mens rea
- Truly criminal
- Statute must clearly EXCLUDE mens rea
- Only for public safety or social concern
- Encouraging greater vigilance
Explain presumption of mens rea
The courts assume that mens rea is required before a person can be convicted of a criminal offence
Explain truly criminal
The presumption particularly applies where the offence is truly criminal in nature
Explain statute must clearly exclude mens rea
The presumption ONLY applies to statutory offences can be rebutted if there are clear words to exclude mens rea
Explain only for public safety or social concern
Strict liability can ONLY be imposed where the statute is concerned with issues of social concern or public safety
Explain encouraging greater vigilance
Even then it can ONLY be imposed where to do so would encourage greater vigilance to prevent the prohibited act
Why do we have strict liability offences
- Because they are easier to prove
- Save court time
- They are often regulatory offences, designed to protect the public
- Encourage greater vigilance
- Makes regulations straightforward
- Prevents defences being raised as an excuse
Examples of strict liability offences
- Alphacell v Woodward
- Smedleys v Breed
- London Borough of Harrow v Shah
- R v Blake
- Callow v Tillstone
What was the example which stated that it wasn’t a strict liability offence
Sweet v Parsley
