Mens Rea
- Created by: feroshxo
- Created on: 27-09-16 19:20
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- Mens Rea
- The definition
- Mental element
- An act is not regarded as guilty unless the mind is also guilty
- Levels of intent
- Specific intent
- Recklessness
- Negligence
- Knowledge
- Required by most offences, the defendant must knowingly .........
- A defendant will be negligent if they do not meet the standards of a reasonable man
- Knowledge
- The defendant has not intended or realised there was a risk of this consequence
- If the mens rea of a offence is recklessness, it is always subjective recklessness
- Negligence
- Direct intent is when the defendant intends the consequence
- Oblique intent is when the defendant intends one consequence but another occurs
- Recklessness
- Transferred malice means that the defendant can be guilty of a crime if he intended to commita similar crime against a different person.
- General malice is when the defendant has no victim, such as a terrorist
- Transferred malice means that the defendant can be guilty of a crime if he intended to commita similar crime against a different person.
- Specific intent
- Foresight of consequences
- What if the defendants main aim was not the consequence but he knew that he could possibly cause this consequence
- The Court must answer two questions;
- How probable was the consequence that resulted from the defendants voluntary act?
- Did the defendant foresee that consequence?
- The definition
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