State of Mind Flashcards
What is Actus Reas
The act or omission
What is Mens Rea
The Guilty State of Mind
Can a crime be committed with the Actus Reas alone.
Generally not, there needs to be some form of mens rea
Is a crime still committed if the Mens Rea changes.
Yes, if the mens rea was with the actus reas and then the mens rea changes the crime is still committed.
What is different about strict liability offences
in strict liability offences there is no requirement of mens rea
What types of Mens Rea are there?
intent and Recklessness
What is specific intent
The intent at the time the act is committed. eg Murder or GBH Section 18
What is ulterior intent
Offences like a 91a burglary - intent to enter as a trespasser with a further intent to then go on to inflict GBH, cause damage or steal.
What is basic intent
An offence of basic intent requires nothing further than the basic intention to bring about a set of circumstances.
Like a 91b burglary you only need to prove that a person
What are the two types of recklessness
Subjective and objective
What is subjective recklessness
A person foresaw the risk and goes on to take the risk and in the circumstances it was unreasonable for them to take the risk.
What is objective recklessness
What a person takes a risk and it would be obvious to a reasonable person.
What is malice
The intention to cause harm or the foresight of the risk of causing some harm.
What is the term Wilfully
This is intentionally or being subjectively reckless
What is the term dishonest
Either they knew it was dishonest then the objective test by the standards of an ordinary honest person ought to have known
