Mens Rea

holly milham
Mind Map by holly milham, updated 10 months ago
holly milham
Created by holly milham 10 months ago
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Mens rea revisioR
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Mens Rea
1 the mental element for a persons intention to commit a crime
1.1 (guilty mind)
1.2 establishes whether a crime was committed with a criminal mind
1.3 intention, recklessness and negligence
2 general rule
2.1 someone who acted without mental fault is not liable in criminal law
2.2 exceptions are strict liability crimes
3 civil law
3.1 usually not necessary top prove a subjective element to establish liability
3.2 tort is unintentionally breached
3.2.1 such intent may increase the scope of liability
4 direct intent
4.1 did D decide to bring about the prohibited concequense
4.2 easiest form to identify
4.3 covers situations where D desires particular outcome to occur
4.4 R v Byrne (1960)
5 oblique intent
5.1 where D may not actually desire a particular outcome
5.2 most difficult form to prove
5.3 R v Woollin ( 1998 )
6 specific intent offences
6.1 offences that require intention for Mens Rea, and nothing less will suffice
6.2 usually murder, rape, theft and GBH
7 basic intent
7.1 all other offences which anything less than intention is required
7.2 based around recklessness or negilence
7.3 e.g: assault, manslaughter and ABH
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