Mens Rea P1 Sec B

Question 1

Define men’s rea

Answer 1

Guilty mind
Refers to defendants state of mind when committing the crime

Question 2

What are the 2 types of men’s rea

Answer 2

Intention
Recklessness

Question 3

What are some crimes that must be done intentionally

Answer 3

Fraud blackmail theft rape terrorism

Question 4

What is direct intention

Answer 4

Where defendant seeks out/aims/decides to bring out consequences

Question 5

What is a subjective test

Answer 5

What was defendant thinking?

Question 6

What is an objective test

Answer 6

What would average person be thinking

Question 7

What would be good evidence for direct intention of murder

Answer 7

Buying a weapon or use of one
Wether victim has more than one stab wound
Pre meditated attack
Where wounds are

Question 8

What is oblique intention

Answer 8

When we can’t prove d was aiming to bring about a consequence but consequence was so obvious that d may have as well intended it

Question 9

What are the parts D must pass for oblique intention

Answer 9

1.Was the consequence of D conduct a virtual certainty
2.did D realise the consequence was a virtual certainty

Question 10

What are the 1st and 2nd tests called for virtual certainty

Answer 10

Subjective test
Objective test

Question 11

Who makes the final decision about the men’s rea

Answer 11

The jury

Question 12

What is the case for direct intention

Answer 12

R v Mohan

Question 13

What is Recklessness

Answer 13

The most basic level of men’s Rea used for the less serious crimes

Question 14

What is the case for recklessness

Answer 14

Cunningham

Question 15

Describe the 3 R/s test

Answer 15

Where a defendant realises the risk and carried on regardless of

Question 16

What is transferred malice

Answer 16

Where D intends to commit a crime on one person but actually commits it on someone else the men’s Rea can be transferred from intended victim to actual victim meaning D is still guilty

Question 17

What is the case for transferred malice

Answer 17

R v Latimer

Question 18

What is the exception to transferred malice

Answer 18

If defendant performs the actus reus of one crime whilst having the men’s Rea of another crime the. defendant will not be guilty

Question 19

What is the case for intending damage to v but instead committing criminal damage

Answer 19

R v Pemblington

Question 20

What is the single transaction theory

Answer 20

Where the D men’s Rea occurs first MR is extended to meet AR
Courts treat this as one continuing act

Question 21

What is the case for single transaction theory

Answer 21

R v Thabo meli

Question 22

What can judges do to make AR meet MR

Answer 22

Extend AR to meet MR to make it a single transaction and 1 continuing act

Question 23

What is the case for oblique intention

Answer 23

R v Woolin

Question 24

What is the case for a continuing act

Answer 24

Fagan v MPC

Question 25

What is a continuing act

Answer 25

When AR happens first the court will extend the AR to meet MR
They treat this as one continuing act

Question 26

What must be shown for most intervening acts to break chain

Answer 26

If it is unforseable and unreasonable

Question 27

Which case made the rule for palpably wrong

Answer 27

R v Jordan

Question 28

What is the case for victims own actions the breaks chain

Answer 28

R v Williams

Question 29

What are acts of god the break chain

Answer 29

Tornado,hurricane,heart attack