Q9 (Fault- Must have the Mens rea) Flashcards
1
Q
What must the defendant have?
A
-intention or recklessness.
2
Q
What case outlines a need for mens rea?
A
Sweet V Parsley
3
Q
Sweet V Parsley?
A
-smoking cannabis in her property
-an assumption that mens rea must be formed.
4
Q
Parliament did not intend to make people…
A
…criminals who were in no way to blame.
5
Q
2 comparisons of crimes with different mens reas?
A
-S18 and 20 (5 years and life) (intention/ recklessness).
-Murder and manslaughter (Discressionary/mandatory)
6
Q
What are the two types of mens rea?
A
Direct and oblique intention.
7
Q
Case for direct intention?
A
-R V Mohan
8
Q
Case for oblique intention?
A
R V Nedrick, R V Matthews, R V Woolin.
