Mapa mental
Mens Rea
Conteúdo do mapa
Mens Rea
the mental element for a persons intention to commit a crime
- (guilty mind)
- establishes whether a crime was committed with a criminal mind
- intention, recklessness and negligence
general rule
- someone who acted without mental fault is not liable in criminal law
- exceptions are strict liability crimes
civil law
- usually not necessary top prove a subjective element to establish liability
- tort is unintentionally breached
- such intent may increase the scope of liability
direct intent
- did D decide to bring about the prohibited concequense
- easiest form to identify
- covers situations where D desires particular outcome to occur
- R v Byrne (1960)
oblique intent
- where D may not actually desire a particular outcome
- most difficult form to prove
- R v Woollin ( 1998 )
specific intent offences
- offences that require intention for Mens Rea, and nothing less will suffice
- usually murder, rape, theft and GBH
basic intent
- all other offences which anything less than intention is required
- based around recklessness or negilence
- e.g: assault, manslaughter and ABH