MR

Question 1

What is the mens rea

Answer 1

STATE IF MIND OF THE PERSON COMMITTING THE CRIME

Question 2

2 types of INTENTION

Answer 2

Oblique - less serious
Direct - most serious

Question 3

Direct Intent

Answer 3

The hurt accept that the main purpose of the defendant was to bring about the consequence, so the defendant intended the consequence of his act.
eg; X put a gun at Y’s head and blows his head off.
MOHAN

Question 4

Oblique Intent

Answer 4

This is where the consequence was not the purpose of the defendants action.

Question 5

Recklessness

Answer 5

Most offences can be committed intentionally or recklessly; either will suffice. These are called BASIC INTENT CRIMES.
Recklessness is SUBJECTIVE - defined in R V CUNNINGHAM.
D must know that he is taking the risk of the forbidden consequence occurring - “I thought.”

Question 6

The Doctrine of Transferred Malice

Answer 6

POL: Transferred malice allows mens rea against a person to be transferred and marry with the actus reus of the offence on the unintended victim.
LATIMER
MITCHELL

Question 7

Why do the actus reus and the mens rea not concede?

Answer 7

If D, with the mens rea of one crime, performs the actus reus of another different crime he cannot generally speaking be convicted of either crime.

Question 8

The actus reus can be a continuing act.

Answer 8

FAGAN V METROPOLITAN POLICE COMMISSIONER.

Question 9

Series of acts

Answer 9

when the AR is itself part of some larger transaction or series of events it may be sufficient that the D forms the MR at some point during that series of events.
If the AR and MR are both present at some time during the transactions, then there is liability.
THABO MELI 1954