Mens Rea Flashcards
1
Q
definition of Mens Rea
A
guilty mind
2
Q
what types of mens rea are there?
A
1) Intention (direct and oblique)
2) recklessness
3
Q
intention definition
A
aim/purpose is to bring about the result/ consequence no matter whether the accused desired the consequence or not
4
Q
Mohan 1976
A
DIRECT INTENTION:
- D drove his car and the policeman said to stop, car almost hit the police man and the defendant was charged with attempted ABH
- The legal principle here is he had the direct intention to bring about the consequence/result
5
Q
how do you test for evidence of oblique intent
A
1) consequence of Ds actions were virtually certain
2) D foresaw this
6
Q
R v Woollin 1998
A
OBLIQUE INTENTION
- threw a three month old baby on the pram which he missed and baby hit a wall
- died from head injuries
- defendant intended the act but not the consequence, but the consequence of the act was VIRTUALLY CERTAIN
7
Q
R v Matthews and Alleyne 2003
A
OBLIQUE INTENTION
- D dropped V 25 feet from bridge
- V said he could not swim
- D watched him ‘dog paddle’
- it is virtually certain that he could’ve died
8
Q
ruling for oblique intent
A
it is Oblique intent if it’s VIRTUALLY CERTAIN
9
Q
Recklessness meaning
A
defendant realised there was a risk of result occurring but went ahead this with action anyways
10
Q
R v Cunningham 1957
A
RECKLESSNESS
- robs gas meter
- causes gas to leak next door
- charged maliciously administrating a noxious substance
- where D knows risk of consequence happening but takes risk anyways
