Mens Rea, Trans Malice, Strict Liab, Coincidence rule Flashcards
What is meant by Mens Rea?
All the mental elements of a crime
What are the two types of Mens Rea?
Intention (direct and indirect) and Recklessness
What is direct intention? name the key case
It was the defendants aim, purpose and desire to bring about the result (Mohan)
What is indirect intention? name the key case
It is not obvious what the defendant intended, so the court will apply the Virtual Certainty test (Woolin)
Explain the Virtual Certainty test
- Was death or serious injury a virtual certainty? (Objective)
- Did the defendant realise this? (Subjective)
What is recklessness?
where the outcome was not the defendants intention but the defendant sees the unjustified risk but takes it anyway
What are the key cases for recklessness?
Cunningham and R v G&R
What is transferred malice?
where the intention is transferred from intended victim to the actual victim
What is the key case for transferred malice?
Latimer
What are the two key rules for transferred malice? name the key case for these
Can only be transferred between similar crimes and between person to person/ object to object (Pembilton)
What is coincidence rule?
the rule that as long as the actus reus and mens rea occur “at some point” the crime will be complete, they are a continuing act
What is the key case for coincidence rule?
Church
What is strict liability?
that the D will be guilty with only actus reus, regardless of whether they have a ‘guilty mind’. The judge will use the Gammon Guidelines to determine if it is strict liability
What are the Gammon Guidelines?
Used to determine if a crime is a strict liability:
-Not SL if mens rea words are used
-Not SL if it is truly criminal (eg murder)
-Not SL if there is a penalty of prison
-SL if covers issues of social concern
-SL is offence is regulatory (eg food)
What are the advantages of the gammon guidelines?
Protects public, easier to prosecute, forces businesses to raise standards
