Topic 2 - Mens Rea Flashcards
What is mens rea in criminal law?
Mens rea refers to the guilty mind or intention behind a crime. The prosecution must prove both the actus reus (guilty act) and mens rea (guilty mind) for a conviction.
What are the two primary forms of mens rea?
The two primary forms of mens rea are intention and recklessness.
What is direct intention?
Direct intention occurs when the defendant’s aim or purpose is to cause a specific consequence (e.g., intending to kill someone in a murder).
What is indirect (oblique) intention?
Indirect or oblique intention is when the consequence of the defendant’s actions is virtually certain, and the defendant appreciates that certainty.
What is recklessness in criminal law?
Recklessness is when the defendant is aware of a particular risk and proceeds with the action without justification. It is assessed subjectively based on what the defendant foresaw.
What are negligence crimes?
Negligence crimes do not require mens rea. Liability is determined by whether the defendant fell below the standard of a reasonable person, assessed objectively (e.g., careless driving).
What is a strict liability crime?
A strict liability crime does not require mens rea for one or more elements of the offense. Most strict liability offenses are statutory.
How is transferred malice used in criminal law?
Transferred malice occurs when the mens rea towards one victim or object is transferred to another if the offense is the same (e.g., intending to kill one person but killing another).
What is the coincidence of actus reus and mens rea in criminal law?
The prosecution must prove that mens rea existed at the time of the actus reus. Courts may apply doctrines like ‘continuing act’ or ‘single transaction’ to allow flexibility in proving this.
What is the difference between basic intent crimes and specific intent crimes?
Basic intent crimes can be proven by either intention or recklessness (e.g., assault, criminal damage), whereas specific intent crimes require proof of intention only (e.g., murder, Section 18 GBH).
What are ulterior intent crimes?
Ulterior intent crimes require mens rea beyond the actus reus, such as in aggravated criminal damage, where the defendant must intentionally or recklessly endanger life in addition to damaging property.
