Mens Rea

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  • 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
          • 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
        • Direct intent is when the defendant intends the consequence
        • Oblique intent is when the defendant intends one consequence but another occurs
      • 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.
    • 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?

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