Mental Elements of a Crime

Question 1

What are the mental elements of a crime?

Answer 1

1. Mens rea
2. Transferred Malice
3. Coincidence rule
4. Strict liability

Question 2

What are the two types of mens rea?

Answer 2

1. Intention (higher level)
2. Recklessness (lower level)

Question 3

What are the two types of intention?

Answer 3

1. Direct
2. Indirect (oblique)

Question 4

What is direct intention?

Answer 4

Where it is obvious that D intended the outcome. It is the D’s purpose, aim and desire to bring about the result.

Question 5

What is the case for direct intention?

Answer 5

Mohan

Question 6

What is indirect (oblique) intention?

Answer 6

It is not obvious what the D intended.

Question 7

What is the case for indirect intention?

Answer 7

Woolin

Question 8

What test did Woolin establish?

Answer 8

Virtual Certainty test.

Question 9

What is the virtual certainty test?

Answer 9

1. Objective test- Was death or serious injury a virtual certainty?
2. Subjective test- Did the D realise this?
   If the answer is ‘yes’ to both questions, then the D is guilty.

Question 10

What is recklessness?

Answer 10

(Subjective test) The D is aware of a risk and takes the risk. You must prove that D was aware of the risk and decided to carry on regardless.

Question 11

What is the case for recklessness?

Answer 11

Cunningham

Question 11

What case was the subjective test for recklessness confirmed in?

Answer 11

R v G+R

Question 12

What is transferred malice?

Answer 12

Where the malice (intention) is transferred from the intended V to actual V.

Question 13

What is the case for transferred malice?

Answer 13

Latimer

Question 14

What can malice be transferred between?

Answer 14

1. Between object to object
2. Between person to person

Question 15

What is the coincidence rule?

Answer 15

The actus reus and the mens rea are a continuing act and as long as the occur at some point the crime will be completed.

Question 16

What is the case for the coincidence rule?

Answer 16

Church

Question 17

What is strict liability?

Answer 17

Crimes that only need actus reus, the D will be guilty regardless whether they had a guilty mind.

Question 18

What does a judge use to decide whether a case is strict liabilty?

Answer 18

Gammon Guidelines

Question 19

When is a crime not strict liability (Gammon Guidelines)?

Answer 19

1. Mens Rea words are used (reckless, intention, knowingly)
2. If the crime is truly criminal (rape, murder)
3. If there is a penalty of prison

Question 20

When is a crime strict liability (Gammon Guidelines)

Answer 20

1. The offence covers issues of social concern (gambling, drinking)
2. The crime is regulatory (food hygiene)

Question 21

What are the advantages of strict liability?

Answer 21

1. Protection of the public
2. Easier to prosecute (D usually pleads guilty)
3. Forces business to raise their standards

Question 22

What are the disadvantages of strict liability?

Answer 22

1. Unfair to D if they do not have the mens rea
2. No evidence that businesses actually raise standards
3. A conviction could ruin D’s reputation