Topic 3: Principles Of Criminal Liability: Mens Rea

Question 1

What is ‘mens rea’?

Answer 1

Guilty mind

Question 2

What are the 4 types of men’s rea?

Answer 2

Intention
Recklessness
Negligence
Knowledge

Question 3

What is intention?

What case is this shown in?

Answer 3

The most blameworthy type of mens rea

Mohan (1975)

Question 4

What does intention make clear?

Answer 4

That the defendants motive/reason for doing the act is irrelevant

Question 5

What are the two types of intent?

Answer 5

Direct intent

Oblique intent

Question 6

What is direct intent?

Answer 6

The defendant foresees the consequences of his actions and does everything in his power to bring about this consequence

(100% aim and desire)

Question 7

What is oblique intent?

Answer 7

Sometimes a defendant intends to do something, but the consequence is another thing

Question 8

What is the statutory guidance on oblique intent?

Answer 8

S8 Criminal Justice Act 1967

Question 9

What is recklessness?

Answer 9

Where the defendant knows there’s a risk of the consequence happening but takes the risk regardless

Question 10

What is the famous case for subjective recklessness?

Answer 10

Cunningham (1957)

Question 11

What are the 2 types of recklessness?

Answer 11

Subjective

Objective

Question 12

What is the famous case for objective recklessness?

Answer 12

Caldwell (1981)

Question 13

When will recklessness only be considered?

Answer 13

When the defendant has no intention

Question 14

Which recklessness was created off the back off the other not covering it?

Answer 14

Caldwell (objective) recklessness

Question 15

What is the difference between an advertent and an inadvertent risk taker?

Answer 15

Advertent - knowingly takes a risk

Inadvertent- unknowingly takes a risk

Question 16

What case changed recklessness?

Answer 16

Elliot v C (1983)

Question 17

Which type of recklessness became unpopular with judges?

Answer 17

Caldwell recklessness

Question 18

What crime has subjective recklessness been reintroduced for?

Answer 18

Manslaughter

Question 19

What is transferred malice?

Answer 19

The defendant intends to do an act to the victim but it’s transferred onto another victim

Question 20

What’s general malice?

Answer 20

Where the defendant has no particular victim in mind (eg. Terrorism)

Question 21

What must be in place for an offence to have happened?

Answer 21

Actus reus and mens rea

Question 22

What is a continuing act?

Answer 22

Where at some point while the act is going on, the defendant has the necessary mens rea