mens rea and strict liabilty Flashcards

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1
Q

what is mens rea translated to

A

guilty mind

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2
Q

when can the mens rea be proven

A

after the actus reus is proven

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3
Q

at what point of the crime is the mens rea looked at

A

at the time of offence

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4
Q

what are the three levels of mr

A

intention
subjective recklessness
negligence

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5
Q

what crimes don’t have to prove mr

A

strict liability crimes

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6
Q

what are the two types of intention

A

direct intention
oblique intention

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7
Q

what is direct intention

A

the highest form of mr
where the aim/propose is to bring the result

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8
Q

what case formed direct intention

A

R v mohan 1976

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9
Q

what mr do most cases have

A

direct intention

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10
Q

what’s oblique intention

A

where the prohibited consiquence is virtually certain
the d realises this

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11
Q

what rule is oblique intent based on

A

rules of foresight of consiquences

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12
Q

what case confirmed the model direction for oblique intention

A

R v woollin 2000

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13
Q

what happened in r v wollin

A

d threw 3 month baby on hard surface
didn’t mean to kill but did
it was clear this could happen and so d was given manslaughter

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14
Q

what’s subjective recklessness

A

d knows there’s a risk of prohibited consequences but does it anyway

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15
Q

what case is subjective recklessness based on

A

cunningham 1957

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16
Q

what happened in cunningham

A

d tore a gas meter of the wall to steal
he didn’t realise the risk that gas could leak into a house
d wasn’t guilty

17
Q

what case confirmed the idea of subjective recklessness

A

r v savage 1992

18
Q

what’s negligence

A

lowest form of mr
where the d didn’t act in a way a reasonable person would in the circumstances

19
Q

what’s gross negligence manslaughter

A

d owes a duty of care to v and breached this so b dies
and action are so grossly negligent that it’s a crime

20
Q

what’s transfred malice + a case

A

d intends to harm 1 person
actions harm another
mr is transferred
gnango

21
Q

what happens in gnango

A

d in a fight with x
x shot passer by
d charged with aiding and abetting murder of passer by

22
Q

what happened in pembliton case 1884

A

d on street fight
d threw stone at v but hit a window
mr can’t be transferred so convictions quashed

23
Q

what’s general malice

A

where there’s no particular victim just an aim to harm as many as possible
eg a terrorist and a bomb

24
Q

what’s the contemporaneity rule

A

the idea that the mr and ar must be present at the same time/in the same continuing actions

25
Q

what happened in fagan v mpc 1968

A

d told to move car
moves it on v foot
v tells d to move again
d refuses
d convicted of assault of pc
ar and mr are in the same continual act so guilty

26
Q

what is a strict liability case

A

don’t require an mr
must prove all ar
ar must be voluntary bar absolute liability cases

27
Q

what happened in harrow v shah 1999

A

d owns a news agent and constantly tells employees not to sell lottery tickets to under 16s
one sells to 13 yrold
d was still guilty as the act is still an offence

28
Q

how are cases decided to be strict liable cases

A

there is a presumption that mr is required
if they decide it dosent it will become strict liability

29
Q

what must the ar prove in strict liability cases

A

must prove d conduct voluntary

30
Q

what are the key points of strict liability cases

A

ar must be proved
must be voluntary
no mr
no due diligence
no defence of mistake

31
Q

name a statute that states there no mr

A

contempt of court act 1981 s1

32
Q

why are strict liability cases a thing

A

for offences seen as ‘not criminal’ like selling underage alcohol
to help protect society
to encourage higher standards

33
Q

what punishment are you likely to get from a strict liability case

A

a fine

34
Q

what don’t people like strict liability cases

A

ppl argue blameless people are found guilty (not fair)