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A2 LAW > Mens Rea > Flashcards

Mens Rea Flashcards

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1
Q

What are the 3 levels of mens rea

A

High level- Intension
Mid level- Recklessness
Low level- Negligence

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2
Q

What is the case supporting the beginning of specific intention

A

Mohan 1975

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3
Q

What did the judge say in Mohan 1975

A

Intention is a decision to bring about a consequence no matter whether the accused desired the consequence or not

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4
Q

What is Direct intention

A

Where the consequence is desired

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5
Q

What is Oblique intention

A

Where another consequence is considered but that person still does it

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6
Q

What test is oblique intent

A

Subjective

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7
Q

What must the court be satisfied by to improve oblique intent

A

1) Subjectively by defendant
2) Foresaw consequence
3) The risk was VERTUAL certainty
Then the jury may be entitled to find intention

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8
Q

List the cases in the timeline for intension

A 
CJA (1967)
Hyam 
Moloney 1985
Handcock and Shankland 
Nedrick
Scalley 
Woolin 
RE A 
Mathews and alleyene
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9
Q

What does the criminal justice act state for oblique intention?

A

The jury should INFER whether the defendant had foreseen the consiquence through the subjective test

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10
Q

Describe the facts of Moloney 1985

A

D shot his father in a race to load and shoot a gun, he didn’t point it but the bullet hit.

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11
Q

What did the HOL state in the case of Moloney 1985

A

foresight of consequences is only evidence of intention. Lord bridge stated jurors should consider two questions: was it of NATURAL CONSEQUENCE
FORESIGHT IS ONLY INTENSION

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12
Q

Describe the facts and decision in Handcock and Shankland

A

D pushed a concrete bolder from a bridge onto the road to stop a taxi. The block killed the driver.
The judge followed the guidelines of monoley and Lord scarman stated that the guidelines were unsafe and misleading and require a reference to probability.
THE GREATER PROBABILITY OF CONSIQUENCE, THE MORE LIKELY THE CONSIQUENCE WAS FORESEEN’
USES WORD FORESEEN A02

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13
Q

Describe the facts and decision in Nedrick

A

D had poured parafin through the letter box of a house and set it alight to harm a woman and the child died.

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14
Q

What was the consiquence in Nedrick

A

To make it easier for jurors to understand they had to suffice two questions:
DID D SEE AS VERTUAL CERTAINITY
THE JURY CAN SAY HE MUST HAVE INDIRECTLY INTENDED DEATH
The jury can not infer unless it is a virtual certainty

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15
Q

Describe the facts of woolin

A

D threw a 3 month old baby towards its pram and the baby hit the wall and died.

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16
Q

Describe Recklessness

A

A lower level of mens rea “where the defendant knows the risk of the consequence but does it anyway”

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17
Q

List the names of the 4 cases for Recklessness

A

Cunningham
Caldwell
Elliot v C
R v R and G

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18
Q

Describe the facts in Cunningham

A

D ripped a gas meter off the wall to steal the money. The gas leaked to the woman next door and killed her.

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19
Q

What was the decision in Cunningham 1957

A

Judge said the subjective test should be used because you’ll be reckless if you foresee the risk not if anyone else see’s it

20
Q

Describe the facts in Caldwell 1981

A

Caldwell set fire to a hotel whilst intoxicated causing criminal damage.

21
Q

Give the decision in Caldwell

A

Caldwell overruled cunningham and said an objective test should be used. There were two levels of recklessness before and this confused jurors on which approach to take.

22
Q

State the facts of elliot v C 1983

A

14 year old girl set fire to a shed by accident and was convicted of arsen.

23
Q

Describe the facts in R v R and G

A

Two kids set fire to a bin which set fire to a building causing criminal damage and endangering life. They were not guilty because the objective test is incorrect. The defendants themselves were not aware o the risk.

24
Q

What is negligence

A

If D fails to meet the standards of a normal man

25
Q

Give an example of an act and a case that prosecutes for negligence.

A

S.3 of the road traffic act

Adomako

26
Q

Name the cases for negligence

A 
Sweet v Parsley 
Prembilton 
Lattimer 
Gango 
Thabo Meli
27
Q

Describe the facts in sweet v parsley

A

D charged with the concern of canabis resin being grown on her property. HOL found her not guilty because she did not have the knowledge it was being grown.

28
Q

Describe the facts of prembilton

A

A man threw a stone intending to hit someone and it broke a window. His mens rea for an offence against the person could not be transferred to a property offence as they are entirely different offences.

29
Q

Describe the facts of lattimer and the area it applies to.

A

Transferred mallace.
D aimed to hit a man with a belt but he missed and hit a woman. Lattimer was charged of assault to the woman although he intended to hit the man.

30
Q

describe the facts and ratio of Prembliton

A

D threw a stone intending to hit a woman but it broke the window. Transfered malace was established in the case of attorney G ref

31
Q

Describe the facts and ratio of Gango

A

Gango and bandanna man were shooting at eachother and they shot a woman. Both convicted on murder and attempts on eachother

32
Q

Describe the facts and Ratio of Thabo meli v R

A

D attacked a man and thought he was dead. He actually died of exposure to the cliffside. AR and the MR must be present at the same time.

33
Q

which case did Moloney overulle?

A

Hyam

34
Q

what was the mens rea for murder in Hyam

A

Intension to kill/ GBH

Foresight that death/GBH was highly probable

35
Q

what was the name of the judge that contridicted Hyam through orbiter and what did he state

A

Williams ‘ on a night out drinking you foresee a hangover but you dont intend it

36
Q

Give a criticism of the law in Hyam

A

Unfair because those who foresee death/ serious injury as highly probable are not as blameworthy as those who intend it

37
Q

Describe the law of R in relation to the case of elliot and Camplin

A

The judge tried to include characteristics of the defendant like what camplin did for dim resp but it didnt pass.

38
Q

Describe the law in Scalley

A

The judge directed the jury that if you foresee in tension you have to convict which is not what the CJA says.

39
Q

Bullet point the A02 for intension

A
  • No definition in an act of parliament, it is common law and has lead to many appeals
  • People are said to have the mens rea for murder when they only intended GBH which isnt fair
  • dificult for juries to distinguish probabilites
  • Scalley is a better interpritation than woolin because juries would have to convict more
  • Law commission said to change to have only direct intent for murder
  • discriminate sentencing rather than mandatory which supports CJA that all facts should be taken into account
40
Q

What was the law on recklessness before caldwell

A

case law was subjective, objective was only used for negligence

41
Q

Describe the case of Seymour

A

Drove a lorry into lovers car

Orbiter stated they should always follow caldwell and not cunningham

42
Q

which cases support the decline of the caldwell test

A

Adomako and Lidar

43
Q

How does adomako support the decline of the caldwell test

A

HOL overulled seymour and said in furure of manslauter, negligence should be considered rather than recklessness

44
Q

How does Lidar support the declinde of the caldwell test

A

Man trapped under car wheel

Subjective recklessness manslauter could still exist based on cunningham since R v R and G

45
Q

state the A02 for recklessness

A

Law commission want to include characteristics into the test
r v R and G means that all development is now redundant
cunningham test is applied to rape and caldwell criminal damage which suggests that propety is more protected than people.
L-diplock said caldwell simplified the task for jurors but they had no problem before it was simply the clarity of the act

A2 LAW (22 decks)

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