Principles of criminal liability: mens rea - CRIMINAL LAW (1) Flashcards

1
Q

what is the literal translation for mens rea

A

guilty mind

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2
Q

what must the mens rea be accompanied by to convict someone for a criminal offence

A

the actus reus

the actus reus alone is not enough for criminal liability. some mental element is also necessary.

MUST HAVE BOTH- ACTUS REUS AND MENS REA

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3
Q

what are the 4 types of mens rea

A

1) intention
2) recklessness
3) negligence
4) knowledge

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4
Q

what is intention

A

it the most blameworthy type of mens rea

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5
Q

what are the 2 types of intent

A

1) direct intent
2) oblique intent

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6
Q

what is direct intent

A

this is where the defendant foresees the consequences of his actions and does everything in his power to bring about these consequences

Its the 100% aim and desire to bring about a certain consequence

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7
Q

what is the case and principle for direct intent

A

Mohan
legal principle= shows that the defendants motive or reason for doing the act is irrelevant, it only matters if it was the D decided to bring about the prohibited consequences

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8
Q
A
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