mens rea Flashcards
what is mens rea in latin
guilty mind
which case defined direct intent
r v mohan
which offences can oblique intent be considered for
murder and gbh
what is the leading case for oblique intent
r v woolin, man threw baby at the wall and the baby died. he claimed he did not intend to kill his son. HOL confirmed that the consequences must be @virtually certain’.
what are basic intent crimes
crimes committed intentionally or recklessly
what is the test for recklessness and what does it mean
subjective, D will not be liable if they themselves did not realise the risk of consequence
what is the leading case for recklessness
R v cunningham, D removed gas metre to collect money inside.
what case saw objective recklessness being overuled
r v g and r, two children aged 11 and 12 set fire to a wheelie bin and the fire spread, they were charged with arson but could not be convicted because they did not foresee the rick of the fire spreading
what is the coincidence rule
actus reus and mens rea have to happen at the same time
what are the twos ways that courts deal with cases when the actus reus and mens rea do not coincide
continuing act, transaction theory
explain continuing act and its leading case
in situations where actus reus comes before mens rea, the actus reus is continuing over time until the defendant forms mens rea. Fagan v Metropolitan Police Commisioner, D accidentally drove his car onto police officers foot and then refused to move it. Mens Rea was formed when D refused to move.
explain transaction theory and leading case
when there is no continuing act but instead a series of events, the courts have held that that will amount to one transaction. R v Thabo and Meli, D set out to kill v by hitting him over the head then pushing him off a cliff. V was unconcious rather than dead but died later from the fall and exposure, D claimed he did not have the mens rea for the killing at the actual time of death. but the transaction theory applied.
What is meant by transferred malice
If D intends to harm one person but harms the other, there mens rea to kill the original person will be transferred to the actual victim.
what is the leading case for transferred malice
R v saundaus, D wanted to kill his wife so he poisoned an apple and gave it to her, the wife gave a bite of the apple to their daughter who died instead. The mens rea to kill his wife was transferred to his daughters daeth which was a result of his actus reus.
