Mens rea pt2: lesson 3 Flashcards
What is subjective recklessness?
When the defendant knows there is a risk of prohibited consequence but takes risk anyway
Where does the definition come from?
Cunningham 1957
- defendant tore gas meter to steal money. Gas seeped into next doors house and affected a woman. Charged with offence against a persons act and found not guilty as he wasn’t aware of the risk
What tests are done for recklessness?
- subjective: whether defendant knew risk
- objective: whether ordinary person would know risk
What are the advantages of subjective recklessness?
- not knowing risk = not liable
- improvement in law
What are the disadvantages of subjective recklessness?
- unfair to victims and families
- defendants easily avoid liability
- conflict between public policy and legal principle
What is negligence as a level of mens rea?
failing to meet standards
When is negligence as mens rea taken more seriously?
- driving without care Road Traffic Act 1988
- one form of manslaughter R v Adomako
Where can you be held liable for negligence?
- civil court not usually criminal
What is transferred malice?
defendant can be guilty if they intended to commit crime against different victim
What happened in Latimer 1886?
- intended to punch someone but hit wrong person
- found guilty of assult
What happened in Pembelton 1874?
- threw stones at people he was fighting with but smashed a window instead
- not guilty as malice wasn’t transferred to another person
What is a continuous act?
When act continues mens rea will be present
What happened in Fagan v Metropolitan?
- police told defendant park by kerb
- defendant accidentally ran over officers foot and when asked to move several times refused
- convicted of assult
