mens rea mindmap
- 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
- DECISION- D's main wish, want, aim or desire
- Indirect Intention
- VIRTUAL CERTAINCY
- Woollin
- VIRTUAL CERTAINCY
- Direct Intention
- Recklessness
- D KNOWS RISK
- Cunningham
- D KNOWS RISK
- 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
- D harms unintended or additional V
- 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
- Gammon
- Alphacell V Woodward
- Presume MR is rec and offences of a truly criminal character are less likely to be SL
- Gammon
- Alphacell V Woodward
- Presume MR is rec and offences of a truly criminal character are less likely to be SL
- Intention
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