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MR and AR Flashcards

1
Q

Mens rea

A

The mental element of the offence

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2
Q

The mental element of the offence

A

Mens rea

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3
Q

Elements of MR

A
  • Intention
  • Subjective recklessness
  • Negligence
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4
Q
  • Intention
  • Subjective recklessness
  • Negligence
A

Elements of MR

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5
Q

Intention

A

A subjective test that assesses whether or not D had any aim, desire or purpose

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6
Q

A subjective test that assesses whether or not D had any aim, desire or purpose

A

Intention

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7
Q

Mohan 1975

A

Direct intention is the ‘decision to bring about’ something

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8
Q

Direct intention is the ‘decision to bring about’ something

A

Mohan 1975

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9
Q

S.8 Criminal Justice Act 1967

A
  • 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
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10
Q
  • 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
A

S.8 Criminal Justice Act 1967

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11
Q

Other than the consequence being natural or probable, what other factors must a jury consider to establish intention?

A
  • Time of day
  • Visibility
  • location
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12
Q

Where is the law of oblique intention found?

A

Nedrick 1986 confirmed in Woollin 1998

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13
Q

Woolin 1998 confirmed in Nedrick 1986

A

The law of oblique intention

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14
Q

What is the law of oblique intention?

A
  • 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
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15
Q
  • 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
A

Oblique intention

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16
Q

What is subjective recklessness?

A

D is aware of the risk but deliberately decides to take it

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17
Q

D is aware of the risk but deliberately decides to take it

A

Subjective recklessness

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18
Q

Subjective recklessness case

A

Gemmell and Richards 2003

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19
Q

Gemmell and Richards 2003

A

Subjective recklessness

20
Q

When is there no fault?

A
  • Lack of MR required
  • Involuntary act
  • Child under 10
  • Legally recognised defence
21
Q

Actus reus

A

Guilty conduct

22
Q

Guilty conduct

A

actus reus

23
Q

Elements of AR

A
  • Voluntary conduct
  • Circumstances
  • Consequence
24
Q
  • Voluntary conduct
  • Circumstances
  • Consequence
A

Elements of AR

25
Hill v Baxter 1958
If D had no control over their actions, they cannot fulfil the AR element of voluntary conduct
26
If D had no control over their actions, they cannot fulfil the AR element of voluntary conduct
Hill v Baxter 1958
27
In rare instances, D can be convicted even when the act was not intended and occurred through actions against their will
Larsonneur 1933
28
Larsonneur 1933
In rare instances, D can be convicted even when the act was not intended and occurred through actions against their will
29
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
30
Statutory duty
Road Traffic Act 1988
31
Road Traffic Act 1988
Statutory duty
32
Contractual duty
Pittwood 1902
33
Pittwood 1902
Contractual duty
34
Relationship with the victim
Gibbons and Proctor 1918
35
Gibbons and Proctor 1918
Relationship with the victim
36
Duty voluntarily undertaken
Stone and Dobinson 1977
37
Stone and Dobinson 1977
Duty voluntarily undertaken
38
Dangerous situation created by D
- Evans 2009 - Miller 1983 - Santa- Bermudez 2003
39
- Evans 2009 - Miller 1983 - Santa- Bermudez 2003
Dangerous situation created by D
40
Official position
Dytham 1979
41
Dytham 1979
Official position
42
Result crime
A crime when a consequence must be proved
43
A crime when a consequence must be proved
A result crime
44
With the exception of continuing acts, what must be present for an offence to occur?
Coincidence of MR and AR
45
Continuing acts
- Fagan 1969 - Thabo Meli 1954
46
- Fagan 1969 - Thabo Meli 1954
Continuing acts

Criminal law (19 decks)

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