Mens Rea
Includes coincidence of actus reus and mens rea
- Created by: ameliaacakes
- Created on: 02-08-13 17:00
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- Mens Rea
- Intention
- Foresight Of Consequences
- Evidence of intention
- Woollin
- Virtual Certainty
- Defendant threw his baby towards his pram which was against a wall. The baby suffered head injuries and died.
- Foresight Of Consequences
- Recklessness
- Taking an unjustifiable risk
- Cunningham
- Defendant tore a gas meter from the wall to steal money in it. Did not realise the risk of gas escaping into the adjacent home.
- 'Maliciously'
- To have the necessary mens rea the defendant must either intend the consequence or realise the risk.
- Savage
- Confirms that the same principle applies where the act of parliament uses the word maliciously.
- Transferred Malice
- Latimer
- Defendant aimed a blow at a man but hit a woman instead.
- Can be guilty if the defendant intended to commit a similar crime.
- Pembilton
- Defendant may not be guilty if the mens rea is for a completely different offence.
- Defendant threw a stone intending to hit people but hit and broke a window.
- Intention to hit people could not be transferred to the window.
- Latimer
- Coincidence
- Continuing act
- Fagan
- Both the actus reus and mens rea must be present at the same time.
- Continuing act
- Intention
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