Mens Rea Flashcards
s.8 Criminal Justice Act 1967 - Court/jury shall not be bound in law to infer he intended/foresaw a result of his actions by natural probable consequence but shall decide if he foresaw/intended result by ref. to all evidence drawing inferences as appear proper.
Jury NOT entitled to infer necessary intent unless feel sure that occurrence was a virtual certainty as a result of def’s actions AND that the def appreciated that was the case.
Foresight as to probability of consequence NOT = intention but may be evidence of it. More evidence supports more likelihood he intended consequence.
Greater probability of consequence = Greater likelihood foresaw consequence = greater intent (Case Law).
RECKLESSNESS - Aware risk exists AND Unreasonable to take risk. (Court decides).
WILFUL = intentional or reckless.
MALICE = intention to cause harm/foresight of risk of harm.
KNOWS (or virtually certain) to be true.
BELIVES - can be mistaken belief.
STRICT LIABILITY - No Mens Rea required.
Transferred Mens Rea - KIV Principals and accessories
Omissions (DUTY). Dangerous situation, Under Statute, Taken upon oneself, Young Person.
Intervening Act w/not usually break chain of causation.
Intent is not defined. It is different for each offence.
A court can infer the necessary intent (Mags/Jury)
Negligence involves standards of REASONABLENESS of ORDINARY people
Concept if RECKLESSNESS - foresaw consequence was probable or possible. (Ought to have foresaw IS NOT ENOUGH)
STRICT LIABILITY - No need to prove mens rea unless Parliament clearly indicates /wise.
