Mens Rea
- Created by: holly_marshall
- Created on: 20-01-16 10:15
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- Mens Rea
- Intention
- Direct intent
- R V Mohan - 'a decision to bring about a prohibited consequence'
- Oblique/indirect intent
- The aim of the D is something different to the actual consequence
- R V Woollin - virtual certainty test
- Is the consequence a virtual certainty of the Ds actions?
- Did the D realise is was a virtual certainty?
- Answer yes to both = evidence upon a jury can find intention (Matthews and Alleyne)
- Is the consequence a virtual certainty of the Ds actions?
- R V Woollin - virtual certainty test
- The aim of the D is something different to the actual consequence
- Direct intent
- Recklessness
- Defined as where the D realised there is a risk but decides to take the risk anyway (R V Cunningham)
- Transferred Malice
- Where the D intended to commit a similar offence against one person but instead commits it against another
- Latimer - D went to hit man with his belt, it hit a woman instead - guilty because similar offences
- Pemblition - D threw stones into a crown and they hit a window - not guilty because offences are different
- Where the D intended to commit a similar offence against one person but instead commits it against another
- Strict Liability
- The D is guilty of an offence simply for committing the actus reus, there is no need for a mens rea
- Shah - newsagents guilty of employee selling lottery ticket to 13 year old
- Sweet V Parsley - D not guilty of students smoking cannabis in her farmhouse as mens rea was needed
- Advantages
- Ds are convicted easier - Smedleys V Breed (caterpillar)
- Disadvantages
- Unjust decisions - Stork Wain (pharmacist)
- Ds who are not personally at fault are found guilty - Shah
- Some fines are severe - Gammon
- Disadvantages
- Public is better protected : Gammon (digging house)
- Merely regulatory and punishable only by fine - Ds dont go to prison
- Ds are convicted easier - Smedleys V Breed (caterpillar)
- The D is guilty of an offence simply for committing the actus reus, there is no need for a mens rea
- Coincidence of Actus Reus and Mens Rea
- D is guilty if the actus reus and mens rea happen at the same time
- Fagan - (policemans foot) - continuing act
- Thabo-Meli - act of beating him and throwing him off a cliff was a continuous act (mens rea)
- Intention
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