MENS REA mindmap LAW 03

  • Created by: abic1
  • Created on: 22-02-18 17:21
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  • MENS REA
    • state of mind of the person committing the crime
    • judge made law
    • prosecution have to prove high degree of blameworthiness
    • only guilty if had intention to commit crime in question
    • INTENTION
      • S18 GBH: intention to cause grievous bodily harm
      • MURDER: intention to kill or cause GBH
      • THEFT: with intention to permanently deprive the other of it
    • RECKLESS
      • S39 ASSAULT: intentionally or recklessly commit actus reus
      • S39 BATTERY: intentionally or recklessly apply physical force
      • S47 ABH: intentionally or recklessly cause an assault or battery
      • S20 BH: intentionally or recklessly cause some harm
      • defendant sees a risk of the consequence but takes it anyway: CUNNINGHAM
    • motive = intention
    • defendant has to hope motive is considered in sentencing
    • DIRECT INTENTION
      • defendant's main purpose was to bring about consequence: MOHAN
    • INDIRECT INTENTION
      • consequence was not defendant's main purpose: DPP v SMITH
      • objective test decided by the jury using reasonable man test
      • would an ordinary reasonable man in similar circumstances have contemplated the end result?
      • defendant may not be reasonable man due to mental health: LAW COMMISSON
    • S8 CRIMINAL JUSTICE ACT 1967
      • intention should be assessed subjectively
      • jury must decide what the defendant foresaw
      • if the defendant foresaw death or GBH as a consequence it is only evidence of intention
    • NEDRICK 1986
      • jury can infer intention if they want
      • if death or serious harm was a virtual certainty
      • and the defendant apprecaiated this
      • WOOLIN followed precedent set in NEDRICK
    • foresight is only evidence of intention, awareness death was inevitable provided evidence: MATTHEWS & ALLYENE 2003
    • MALICIOUS
      • intentionally or recklessly: CUNNINGHAM
    • TRANSFERRED MALICE
      • mens rea is transferred to marry with actus reus: LATIMER
      • cannot transfer mens rea from person to object, or from object to person: PEMBLITON
      • if mens rea and actus reus weren't for the same crime, defendant is not guilty
    • COINCIDENCE OF ACTUS REUS & MENS REA
      • both actus reus and mens rea must be present at time of offence
      • 2 exceptions
      • CONTINUING ACT
        • actus reus can be  a continuing act: FAGAN
      • SERIES OF ACTS
        • series of acts can be seen as one transaction: CHURCH
        • sufficient enough for mens rea to be formed at some time: THABO MELI

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