Mens Rea + Transferred Malice Flashcards

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1
Q

What is mens Rea?

A

Its the thinking part for me the crime.

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2
Q

What is mens Rea?

A

Its the thinking part for me the crime.

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3
Q

What are the different parts of intention of mens rea?

A

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. )

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4
Q

What is recklessness in MR?

A

D saw risk but took anyway.
(CUNNINGHAM: try steal money from gas meter, gas leak next door, gas poisoning )

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5
Q

What are the 3 part of MR?

A

Direct intent
Oblique intent
Recklessness

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6
Q

What is transferred malice?

A

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.)

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7
Q

What are examples of transferred malice?

A

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.

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