WEEK 4 L 1 Flashcards
What does mens rea mean in criminal law?
A: Mens rea refers to the mental state or intention of a person when committing a crime. It is about what they were thinking or intending at the time of the offense.
What are the three main types of mens rea?
The three main types of mens rea are:
Intention
Recklessness
Criminal Negligence
What is the difference between direct intention and oblique intention?
A:
Direct Intention: The person wants to bring about a particular result (e.g., intending to kill someone).
Oblique Intention: The person does not want the result but knows it is a likely consequence of their actions (e.g., setting a fire knowing people are likely to die).
What is recklessness in criminal law?
Recklessness means the person knew there was a risk their actions could cause harm, but they ignored that risk and did it anyway.
How does subjective recklessness differ from objective recklessness?
Subjective Recklessness: The person is aware of the risk and chooses to act anyway. (Used in Ireland)
Objective Recklessness: The person is judged based on whether an ordinary person would have noticed the risk. (Previously used in England, but now changed)
What is the key case that removed objective recklessness from English law?
A: R v G [2003] – This case ruled that recklessness should be based on what the defendant knew (subjective recklessness), not what an ordinary person might have thought.
What does criminal negligence mean in criminal law?
Criminal negligence means the person didn’t intend harm but was careless and failed to notice a serious risk that their actions could cause harm.
What is the main difference between recklessness and criminal negligence?
A: Recklessness involves knowingly ignoring a risk, while negligence involves failing to notice a risk that a reasonable person would have noticed.
What does the intention in a murder case require?
In a murder case, intention means the person meant to kill or cause serious harm to someone.
What is the rule for recklessness in Irish law?
A: In Irish law, recklessness is subjective, meaning the person must have been aware of the risk and chosen to take it anyway (e.g., in People v. Murray [1977]).
What is an example of direct intention?
A person aiming a gun at someone and shooting them with the intent to kill them is an example of direct intention.
How does intention differ from motive?
Intention is the decision to bring about a result, while motive is the reason behind wanting to do something. A person can intend to commit murder for no apparent reason, and motive is not required to prove intent.
What is the importance of knowledge in criminal law?
Knowledge means the person is aware of a fact or situation, and this can make them morally responsible for their actions (e.g., knowing a substance is illegal or knowing someone is in danger).
What is the key test for recklessness in Irish law?
In Irish law, recklessness involves the person subjectively being aware of the risk and deliberately ignoring it.
