Mens Rea

Question 1

What are the three components that add together to make criminal liability?

Answer 1

Actus Reus + Mens Rea + Absence of Defence

Question 2

What is a Strict Liability crime?

Answer 2

One in which just performing the Actus Reus is enough for liability

Question 3

Give an example of a strict liability crime

Answer 3

Speeding

Question 4

What are the origins of strict liability laws?

Answer 4

Workers rights protections in factories; no mens rea was needed to prosecute factory owners for mistreatment of workers

Question 5

London Borough v Shah (2000)

Answer 5

Selling a lottery ticket so someone under 16 is always a strict liability, even if you think they’re older

Question 6

What are some pros of Strict Liability?

Answer 6

• It’s easy to prove
• It takes less time in court
• It encourages compliance
• It prevents defences being raised as excuses
• It protects the public

Question 7

What is the principle of Transferred Malice?

Answer 7

The mens rea is transferred to an unintended victim ONLY IF the actus reus outcome is the same

Question 8

R v Latimer

Answer 8

A soldier swung his belt to strike a victim in a pub but hit the landlady instead. Actus reus was transferred via the principle of transferred malice and he was guilty

Question 9

R v Pembliton

Answer 9

Pembliton threw a rock aiming to hit a crowd. Instead, a window was hit. The actus reus (property damage) was different to the mens rea (injury) so he was not guilty.

Question 10

Explain Fagan v Met Police Commissioner in terms of Mens Rea.

Answer 10

The actus reus occurred first: driving onto the policeman’s foot.
The mens rea occurred second: refusing to drive off.
The mens rea and actus reus were continuous so Fagan was guilty.