Flashcards
Mens Rea
Flashcards do conjunto (10)
- 1What is mens rea?The mental element of a crime which forms part of criminal liability.
- 2Hierarchy of mens rea?Direct intent being the most serious, oblique intent and then recklessness.
- 3What is direct intent?First established in R V Mohan, which says it's "the decision to bring about a prohibited consequence".
- 4What is oblique intent?Where the aim of the defendant is different to the outcome. Using the virtual certainty test as established in R v Woollin.
- 5What is recklessness?Where the defendant realises that there is a risk, but takes that risk anyway. As seen in the case of R V Cuuningham.
- 6What is transferred malice?Where the defendant intended to commit a similar offence against one person but instead commits it against another. E.g. Lattimer and Pembilton.
- 7What is strict liability?Where the defendant is guilty of an offence simply by commiting the actus reus. There is no need for the mens rea. E.g. Harrow London borough council V Shah and Sweet v Parsley
- 8Advantages of strict liability?- promotes public safety e.g. R v Blake
- health and safety regulations e.g. Callow v Tillstone.
- saves courts time
- easier to enforce - 9What is the coincidence rule?A continuing act. Where the actus reus and mens rea aren't commited at the same time. E.g. Fagan v Metropolitan Police station, Church and Thabo Meli.
- 10Disadvantages of strict liability?- statutes can be confusing
- the crime is one social concern
- wording of the act indicates strict liability
- dangerous animals