Mens Rea Flashcards
What is the leading case on mens rea?
Mohan
What are the three levels of mens rea
Intention
Recklessness
Negligence
What isn’t relevant to intention
Motive
Define direct intent
The typical situation where the consequences of D’s actions are desired
Which case defines oblique intent
Woollin
How does woollin define oblique intent
If D subjectively foresees the consequence of his actions as a virtual certainty then the jury may be entitled to find the necessary intention
What did DPP v Smith establish?
An objective test for oblique intent should be used
What did the criminal justice act define in relation to oblique intent
This changed it to a subjective test
What did the case of Moloney establish for the law on oblique intent
The jury should ask themselves if the consequence was a natural one
How did Hancock and Shankland develop the law of oblique intent
Added reference to probability of the consequence
How did Nedrick develop the law of oblique intent
Said the consequence had to be recognised by D as a virtual certainty
Which word did Woollin change?
Changed infer to find
How did Matthews and Alleyne interpret the word find?
Said foresight was evidence of intention and the jury decides if it’s sufficient for the mens rea
How did Re A interpret the word find?
Said foresight is intention
Was Matthews and Alleyne or Re A the correct interpretation?
Matthews and Alleyne
Which case is the leading authority on recklessness?
Cunningham
What is the test for recklessness?
Where D knows there is a risk of the consequence but takes that risk anyway
What did Caldwell create?
A two part test was established which included subjective and objective elements
Give the significance of Elliot
The objective test for recklessness was used and produced an unfair result
Why was the decision in Elliot unfair
A 14 year old girl with learning difficulties was held to the standard of a normal adult
Give the significance of R v R + G
This confirmed that the test for recklessness is subjective
Define negligence
Where D fails to meet the standards of a “reasonable man”
Is the test for negligence an objective or subjective one?
Objective
Give two examples of offences for which negligence is sufficient
Driving without due care and attention
Gross negligence Manslaughter
What is required in some circumstances in order for mens rea to be established
Knowledge
Which case illustrates knowledge
Sweet v Parsley
Give the significance of Sweet v Parsley
D had no knowledge that cannabis was being grown on her property so did not have the necessary mens rea
Define transferred malice
D can be guilty of an offence if he intended to commit a similar crime against another victim
Give the facts of Latimer
D aimed to hit a man with a belt, it bounced off the man and struck a woman in the face
Give the facts of Gnango
D’s had a street fight with guns, a passerby was shot and killed
Give the facts of Pembilton
D threw a stone intending to hit a group of people but it smashed a window instead
Give the significance of Pembilton
D wasn’t liable because smashing the window was not a similar offence
Define the coincidence of mens rea and actus reus
In order for an offence to take place, both the actus reus and mens rea must be present at the same time
Give the facts of Thabo Meli
D’s pushed a man off a cliff thinking they’d killed him, he was still alive and died of exposure
Give the significance of Thabo Meli
D’s were guilty because the mens rea and actus reus were combined in a series of acts
Describe the rule of a continuing act
Where there is a continuing act for the actus reus and at some point during the Act D has the necessary mens rea then the two coincide and D can be liable
Which case illustrates a continuing act
Fagan
Give the facts of Fagan
D accidentally drove on a policeman’s foot, the policeman asked him to move the car and D refused
Give the ratio of Fagan
The continuing act was D’s car on his foot and the mens rea was present when he refused to move
