Mental Elements

Question 1

What is mens rea

Answer 1

“guilty mind”
Every crime has its own mens rea that must be proved

Question 2

2 types of mens rea

Answer 2

Intention
Recklessness

Question 3

2 types of intention

Answer 3

Direct
Indirect

Question 4

What is direct intention

Answer 4

On purpose. Defendants aim, purpose and desire to kill and cause injury
R V MOHAN

Question 5

What is indirect intention

Answer 5

Result was not the defendant’s intention
R V WOOLING

Question 6

What are the 2 key questions to ask when intention is indirect

Answer 6

1. was death or serious injury a virtual certainty
2. Was it probable going to happen - did the defendant realise this

Question 7

Recklessness

Answer 7

When the outcome was not the defendant’s intention but the defendant saw a risk and took it anyway
R v CUNNINGHAM

Question 8

Transferred malice

Answer 8

Latimer ~ the principle of transferred malice - the intention one had for intended victim to be transferred to actual victim

Malice can be transferred from person to person or object to object. Not person to object
R V PEMBILTON

Question 9

Coincidence rule

Answer 9

In order for crime to be complete. Actus reus and mens rea occur at the same time (they coincide) . Sometimes they do not
R V CHURCH
R V FAGAN

Question 10

Strict liability

Answer 10

Doesn’t require mens rea. The defendant will be guilty of the crime as long as they committed and actus reus. Regardless of whether they had the guilty mind