State Of Mind Flashcards
Specific intent
When the defendant I shown to have a specific intent ie murder or 91A burglary
Basic intent
No further proof of anything to bring around the circumstances
Reckless is enough to satisfy the element
Ie s20 or TWOC
Recklessness
Subjective
A circumstance where the defendant is aware that the risk exists or will exist
A result where he/she is aware that the risk will occur
Different crime / different Risk
Malice
The actual intention to cause someone harm or at least foresight of the risk
Ie throws a coin at someone intending to hit their head but hits their eye and blinds them - still a s20 because he knew it would cause some harm and took the risk.
Wilfully
Means intentionally or recklessly ( subjective)
Knowing
Someone who feels certain about something
Belief
Knowing implies something correctiveness belief could turn out to be mistaken
Negligence
Falls below the standard of a reasonable person
Strict liability
No mens rea required
Transferred mens rea
State of mind transferred from one victim to another. Must be the same offence.
Man lashes out with a belt at some one but hits another - same offence. But if breaks a window no mens rea.