Mens Rea
- 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
- Woollin - was the result a virtual certainty of the defendant's actions?
- Recklessness
- Subjective
- Cunningham - did the defendant recognise the risk and go on to take it?
- Applies to all offences except criminal damage
- Cunningham - did the defendant recognise the risk and go on to take it?
- 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
- Reckless as to circumstances and result
- Easier to prove which suggests the courts are more willing to uphold property rights than rights over the body
- R v G - new subjective test for criminal damage
- Unfairly discriminated against young and disabled people who may not recognise obvious risks
- Applies to criminal damage only
- Caldwell - obvious risk which would have been recognised by the reasonable person
- Subjective
- Intention
- 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
- Still liable as long as the mens rea and actus reus are the same for the intended and actual offence
- Defendant commits intended crime but on unintended victim
- Types of Mens Rea
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