mens rea

Question 1

when is mens rea required

Answer 1

not all the time, some may require mens rea but it may also be required to be done with a certain state of mind

Question 2

what is mens rea

Answer 2

the mental element also known as the guilty mind

Question 3

words we associate with the concept of mens rea

Answer 3

intention, recklessness, negligence

Question 4

why mens rea?

Answer 4

to identify where to apportion culpability

Question 5

what is the defintion of culpability

Answer 5

blameworthiness for a wrong doing

Question 6

what offences do NOT require mens rea

Answer 6

strict liability offences

Question 7

what are strict liability offences regarded as and what role are they

Answer 7

mala prohibita, they regulate peoples behaviour so society can work effectively

Question 8

what is the principle for capacity

Answer 8

in order for someone to be liable for a criminal offence, the defendant must have the legal capacity to commit a crime i.e be deemed legally responsible

Question 9

what are capacity defences

Answer 9

people who lack legal capacity

Question 10

give some examples of people who can apply defences with the lack of capacity

Answer 10

intoxication, insantiy and automatism

Question 11

what is doli incapax

Answer 11

where a child is incapable of committing a crime because they dont know the difference between right and wrong

Question 12

what is intention and what is it NOT the same to

Answer 12

the decision, what the end result was. not the same to motive

Question 13

what does the case of INGLIS demonstrate

Answer 13

illustrates that motive is not relevant to criminal liability

Question 14

what are the two types of intention

Answer 14

direct and oblique

Question 15

what is direct intention

Answer 15

the defendants principle aim/purpose, using the ordinary dictionary definition of the word direct

Question 16

what is oblique intention

Answer 16

D foresaw something else happening

Question 17

what case is the authority for oblique intention and why

Answer 17

Woolin, makes up the virtual certainty test

Question 18

what is the virtual certainty test

Answer 18

where Death or GBH was virtually certain as a result of D’s actions and D appreciated that was the case.

Question 19

what was confirmed in the case of matthews and alleyn

Answer 19

virtual certainty test is still a rule of evidence

Question 20

what is recklessness

Answer 20

unjustifiable risk taking

Question 21

what is subjective recklessness

Answer 21

subjective recklessness looksat the issues of risk-taking from the defendants perspective

Question 22

what test was made for subjective recklessness and what was it called

Answer 22

cunningham test, and the test was
1 - was d aware of the risk
2 - was the risk an unreasonable one, based on the circumstances known to d

Question 23

what happened in the case of cunningham 2

Answer 23

ripped gas meter to steal money, gas escaped mother in law poisoned.

Question 24

cases that used cunningham test

Answer 24

parker

stephenson

Question 25

what is the objective recklessnes also known as?

Answer 25

caldwell recklessness

Question 26

what happened in mpc v caldwell

Answer 26

d held a grudge against employer, set fire to hotel where he worked

Question 27

what is the objective recklessness test in caldwell

Answer 27

a person is reckless if

• created an obvious risk AND
• either has not given any thought to the there being any such risk or has recognised there was some risk and nonetheless gone on to do it

Question 28

cases that use the caldwell test

Answer 28

lawrence