Mens Rea - Paper 1 Flashcards
What does Mens Rea mean?
‘Guilty mind,’ all the mental elements of a crime
What are the three types of mens rea?
1) Intention
2) Recklessness
3) Negligence
What are the two types of intention?
Direct and Oblique (Indirect)
What is the meaning of Direct Intention?
Where it is obvious that D intended the outcome
What was held in Mohan?
Direct Intention means it was D’s aim and purpose to bring about the result
What is the meaning of Oblique (Indirect) Intention?
Where it is not obvious that D intended the outcome
Which case established the virtual certainty test?
Woollin
What are the two questions under the virtual certainty test?
1) Was death or serious injury virtually certain as a result of D’s actions? (Objective)
2) Did D realise this? (Subjective)
What is the meaning of recklessness?
Where D sees an unjustified risk, but takes the risk anyway
Which case established subjective recklessness?
Cunningham
What is the principle of Transferred Malice?
That malice (intention) can be transferred from one victim to another
What was the decision in Latimer?
Intention for the intended victim simply transfers to the actual victim
What was the decision in Pembilton?
Malice can only be transferred from person to person or from object to object
What is meant by the Coincidence Rule?
The actus reus and mens rea are a continuing act so as long as they occur ‘at some point,’ the crime will be complete
Which case illustrates the Continuing Act Theory?
Church
