Mens Rea Intro Flashcards
What is a continuing act?
One act. Case of Fagan when the D drove onto the PC’s foot (actus reus) and knowingly stayed there (mens rea)
Linked the two
What is One transaction (several acts) ?
A continuing series of actions may be seen as one whole transaction. Thabo-Meli: D wanted to kill man, beat him and threw him off a cliff thinking he was dead. He died of exposure.
What is transferred malice?
Liability is imposed for the unplanned consequences of a deliberate wrong doing. Has to be the same sort of offence
Case of Latimer
D aimed a blow with a belt at a man in a pub. The belt bounced off the man and hit a woman in the face. Latimer was guilty of assault against the woman.
Case of A-G ref (no. 3 of 1994) 1997
The D stabbed his pregnant gf. She recovered but gave birth prematurely, the baby died at 4 months as a result. The the D was charged with murder but at the trial the judge directed that a foetus was not a ‘reasonable creature in being’ and so he could not be guilty of murder or manslaughter of the child.
Case of Mitchell
D tried to push through a post office queue. A 72 year old man told him off for this so the D punched him in the face causing him to stagger into a woman who was injured. The woman died. D was convicted of unlawful act manslaughter
Case of pembliton
D threw a stone intending to hit people he had been fighting. The stone broke a window. The intention could not be transferred.
What is mens rea?
Guilty mind- the specific state of mind needed in addition to the actual reus for a certain offence
