Mens Rea + Transferred Malice Flashcards
What is mens Rea?
Its the thinking part for me the crime.
What is mens Rea?
Its the thinking part for me the crime.
What are the different parts of intention of mens rea?
Direct intent: Ds aim purpose and desire. (MOHAN)
Oblique intent: result is virtual certaincy and D appreciated it is a virtual certaincy (WOOLIN: baby wont stop crying, throw in pram, hits wall , dies) (NEDRICK: put firebox through letterbox of ex, didn’t realise daughter in there and dies. )
What is recklessness in MR?
D saw risk but took anyway.
(CUNNINGHAM: try steal money from gas meter, gas leak next door, gas poisoning )
What are the 3 part of MR?
Direct intent
Oblique intent
Recklessness
What is transferred malice?
When MR transferred from intended victim to actual victim.
It can only be transferred through similar offences (e.g. person to person not person to property.)
What are examples of transferred malice?
LATIMER: intended hit man with belt, hit woman instead. MR transferred from man (intended) to woman (actual.)
MITCHELL: man pushed man into woman, woman died. MR transferred to woman (domino effect)
PEMBLITON: threw stones into crowd to disperse them but smashed window, mr cant be transferred as its not between similar offences.