Mens Rea

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  • Created by: Launston
  • Created on: 13-05-14 10:08
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  • Mens Rea
    • Types of Mens Rea
      • Intention
        • Direct - purpose is to commit the act
        • Oblique
          • Woollin - was the result a virtual certainty of the defendant's actions?
            • This allows for more killers to be caught
      • Recklessness
        • Subjective
          • Cunningham - did the defendant recognise the risk and go on to take it?
            • Applies to all offences except criminal damage
        • Objective
          • Caldwell - obvious risk which would have been recognised by the reasonable person
            • Applies to criminal damage only
              • Unfairly discriminated against young and disabled people who may not recognise obvious risks
                • R v G - new subjective test for criminal damage
                  • Reckless as to circumstances and result
                    • Elliott v C - disabled girl could escape liability as she did not recognise a risk
                • Easier to prove which suggests the courts are more willing to uphold property rights than rights over the body
    • Transferred Malice
      • Defendant commits intended crime but on unintended victim
        • Still liable as long as the mens rea and actus reus are the same for the intended and actual offence
          • Latimer - blow to wrong person - still liable
          • Pembliton - threw stone at person but hit window - no liability


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