U1B: Mens Rea + Transferred Malice Flashcards
What type of element is Mens Rea in a crime?
-The mental element
What does Mens Rea translate to?
-‘Guilty mind’
What are the 3 ways to prove Mens Rea?
- Direct Intention
- Indirect Intention
- Recklessness
Who defined the intention of MR + in what case?
-James LJ in R v Mohan
What did James LJ define intention as?
-‘‘A decision to bring about, in so far as it lies within D’s power, the commission of an offence.”
What does the definition of intention mean?
INTENTION=
-The purpose of the act
-What D wants to happen
What case is an example of Direct Intention?
-R v Moloney
What was DI defined as in R v Moloney?
-Where D has ‘A true desire to bring about the consequences’
What does the case of Chandler v DPP say about DI?
-That intention is NOT motive
-WHAT D wants to do is not WHY D wanted to it
What did Lord Bridge say in R v Moloney about DI?
-That Intention is a matter for the jury
What is Indirect/Oblique Intention + what does this mean?
-D accepts the crime as an *inevitable side effect of his direct intention
-Means outcome is not their aim *but accepts that something will happen as a result of their actions
What case established the current test of Indirect Intention?
-R v Woolin
What was the test called that was established in R v Woolin + WHO established it?
-Lord Steyn + Virtual certainty test
What did Lord Steyn say in R v Woolin about Indirect Intention? (Jury, Elements)
-“Jury ….not entitled to find the necessary intention, unless …sure that death or serious bodily harm is a:
(1) virtual certainty (barring some unforeseen event) as a result of D’s action and that
(2) D appreciated that such was the case.”
What is Foresight of Consequences?
-Another name for virtual certainity test
-A person has indirect intention if they know the outcome is almost certain to happen and still go ahead
What is the importance of Foresight of Consequences?
-Doesn’t prove intention but is evidence of intention to put to the jury
What is the effect of establishing foresight of consequences?
-The more likely the outcome is to happen =the stronger the evidence for intention is
What is a case example for Foresight of Consequences?
-R v Hancock and Shankland
(striking miners pushed a concrete block off a bridge, killing a taxi driver below-initially convicted but quashed due to misdirection)
What case defines Recklessness?
-R v Cunningham
What are the two elements needed to be tested for Recklessness in R v Cunningham ANNND what is NOT required??
-D has:
(1) foreseen that the particular harm *might be done *and yet
(2) has gone on to take the risk of it.
-No ill-will required
what type of test is the Recklessness test?
-Subjective test
What is Transferred Malice and what is its ruling on MR?
Where:
-D = liable for an offence if he has the necessary mens rea and commits the actus reus EVEN if the victim differs from the intended one.
-MR must satisfy the new offence
What are three case examples for Transferred Malice?
-R v Latimer
-R v Kimsey
-R V Pembilton
What did R v Latimer prove for Transferred Malice?
-No requirement that the mens rea should relate to a named victim.
What did R Mitchell prove for Transferred Malice?
-Mens rea transfers through the intended victim to the actual victim
What is R v Pembilton an example of for Transferred Malice?
-Example of where MR was towards person but hit property
SO: couldn’t transfer malice because different type of offence
