mens rea- paper 1

Question 1

mens rea

Answer 1

‘the guilty mind’ - the mental element of a crime

Question 2

two types of mens rea

Answer 2

intention- planned/ meant to do it
recklessness- recognised the risk but carried on regardless

Question 3

two types of intention

Answer 3

direct- D’s decision or aim to bring about the prohibited consequence
indirect- acted in a way that made the consequence virtually certain

Question 4

case for direct intention

Answer 4

Mohan

Question 5

case for indirect intention

Answer 5

Woolin
-D’s baby was crying and D lost his temper; he threw the baby towards a pram 5ft away, but the baby hit the wall instead and died.

Question 6

test for indirect intention

Answer 6

1. was the consequence virtually certain (objective)
2. did D know the consequences were virtually certain (subjective)

Question 7

case for recklessness

Answer 7

Cunningham
-D went into a building and ripped the gas meter off the wall to steal the money inside. Unknown to D, this caused gas to spread to neighbours house, harming V

Question 8

test for recklessness

Answer 8

D must realise the risk and carry on regardless (subjective)

Question 9

transferred malice

Answer 9

D intended to commit a crime on one person, but actually commits ikon someone else, the mens rea can be transferred from the intended victim to the actual victim.

Question 10

case for transferred malice

Answer 10

R v Lattimer
-D was in a pub one evening and got into an argument with X. D took off his belt to try and hit X, he hit X but also got V accidentally.