MR and AR Flashcards
Mens rea
The mental element of the offence
The mental element of the offence
Mens rea
Elements of MR
- Intention
- Subjective recklessness
- Negligence
- Intention
- Subjective recklessness
- Negligence
Elements of MR
Intention
A subjective test that assesses whether or not D had any aim, desire or purpose
A subjective test that assesses whether or not D had any aim, desire or purpose
Intention
Mohan 1975
Direct intention is the ‘decision to bring about’ something
Direct intention is the ‘decision to bring about’ something
Mohan 1975
S.8 Criminal Justice Act 1967
- Jury not required to find intention just because the consequence was natural or probable. This is evidence of intention only
- The jury must look at all other evidence, too
- Jury not required to find intention just because the consequence was natural or probable. This is evidence of intention only
- The jury must look at all other evidence, too
S.8 Criminal Justice Act 1967
Other than the consequence being natural or probable, what other factors must a jury consider to establish intention?
- Time of day
- Visibility
- location
Where is the law of oblique intention found?
Nedrick 1986 confirmed in Woollin 1998
Woolin 1998 confirmed in Nedrick 1986
The law of oblique intention
What is the law of oblique intention?
- The jury can infer intention if they feel that all the evidence indicates that it is there and that the consequence was a virtual certainty
AND - The defendant knew that the consequence was a virtual certainty
- The jury can infer intention if they feel that all the evidence indicates that it is there and that the consequence was a virtual certainty
AND - The defendant knew that the consequence was a virtual certainty
Oblique intention
What is subjective recklessness?
D is aware of the risk but deliberately decides to take it
D is aware of the risk but deliberately decides to take it
Subjective recklessness
Subjective recklessness case
Gemmell and Richards 2003
Gemmell and Richards 2003
Subjective recklessness
When is there no fault?
- Lack of MR required
- Involuntary act
- Child under 10
- Legally recognised defence
Actus reus
Guilty conduct
Guilty conduct
actus reus
Elements of AR
- Voluntary conduct
- Circumstances
- Consequence
- Voluntary conduct
- Circumstances
- Consequence
Elements of AR
Hill v Baxter 1958
If D had no control over their actions, they cannot fulfil the AR element of voluntary conduct
If D had no control over their actions, they cannot fulfil the AR element of voluntary conduct
Hill v Baxter 1958
In rare instances, D can be convicted even when the act was not intended and occurred through actions against their will
Larsonneur 1933
Larsonneur 1933
In rare instances, D can be convicted even when the act was not intended and occurred through actions against their will
You cannot be liable for an omission unless you have a:
- Statutory duty
- Contractual duty
- Official position
- Duty voluntarily undertaken
- Relationship with the victim
- Dangerous situation created by D
Statutory duty
Road Traffic Act 1988
Road Traffic Act 1988
Statutory duty
Contractual duty
Pittwood 1902
Pittwood 1902
Contractual duty
Relationship with the victim
Gibbons and Proctor 1918
Gibbons and Proctor 1918
Relationship with the victim
Duty voluntarily undertaken
Stone and Dobinson 1977
Stone and Dobinson 1977
Duty voluntarily undertaken
Dangerous situation created by D
- Evans 2009
- Miller 1983
- Santa- Bermudez 2003
- Evans 2009
- Miller 1983
- Santa- Bermudez 2003
Dangerous situation created by D
Official position
Dytham 1979
Dytham 1979
Official position
Result crime
A crime when a consequence must be proved
A crime when a consequence must be proved
A result crime
With the exception of continuing acts, what must be present for an offence to occur?
Coincidence of MR and AR
Continuing acts
- Fagan 1969
- Thabo Meli 1954
- Fagan 1969
- Thabo Meli 1954
Continuing acts
