mens rea mindmap

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  • Created by: Area16
  • Created on: 09-11-20 15:41
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  • Mens Rea
    • Intention
      • Direct Intention
        • DECISION- D's main wish, want, aim or desire
          • Mohan
      • Indirect Intention
        • VIRTUAL CERTAINCY
          • Woollin
    • Recklessness
      • D KNOWS RISK
        • Cunningham
    • Negligence
      • NOT A TYPE OF MR- element of fault
      • Failure to do something reasonable/ doing something unreasonable
    • Transferred Malice
      • D harms unintended or additional V
        • UNINTENDED- R V Latimer
        • ADDITIONAL- Mitchell
      • MALICE DOES NOT TRANSFER TO A COMPLETELY DIFFERENT OFFENCE
        • OR PROPERTY
        • Pembilton
    • Coincidence of AR and MR
      • General principal-AR and MR must both be present at same time
      • Fagan V MPC- series of acts can be treated as single continuing as long as both present at some point
      • Church- entire chain of events can be 1 transaction
    • Strict Liability
      • EXCEPTION TO GENERAL PRINCIPLES
      • Pharmaceutical society of GB V Storkwain Ltd
      • Can determine SL offences by no ref to MR, minor offences eg drinking on a highway
        • Winzar
      • Only time presumption can be displaced is a matter of social concern/public safety
        • Presume MR is rec and offences of a truly criminal character are less likely to be SL
          • Gammon
            • B V DPP
          • Strict Liability
            • EXCEPTION TO GENERAL PRINCIPLES
            • Pharmaceutical society of GB V Storkwain Ltd
            • Can determine SL offences by no ref to MR, minor offences eg drinking on a highway
              • Winzar
            • Only time presumption can be displaced is a matter of social concern/public safety
              • Presume MR is rec and offences of a truly criminal character are less likely to be SL
                • Gammon
                  • B V DPP
              • Alphacell V Woodward
        • Alphacell V Woodward

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