other elements of mens rea
- Created by: Hayley Petts
- Created on: 26-05-14 21:42
View mindmap
- other elements of mens rea
- negligence
- defendant falls so far short of the standards of the reasonable man as to create criminal liability
- objective test
- a person is negligent if they fail to meet the standards of the reasonable man
- use of negligence
- driving offences e.g. s3 Road Traffic Act 1988
- makes it an offence to drive without due car and attention
- Gross Negligence Manslaughter
- Adomako (1994)
- driving offences e.g. s3 Road Traffic Act 1988
- knowledge
- defendant can be liable when they do something 'knowingly'
- Sweet v Parsley (1969) - D owned house which she let out to tenants smoking cannabis but D did not know of that
- convicted of 'being concerned in the management of premises used for the smoking of cannabis resin'
- HL overturned the conviction because she did not know cannabis was being smoked in the house
- transferred malice
- defendant intends something to happen to a person but it happens to someone else
- Latimer (1886) - L meant to hit a man who had attacked him but the belt he was using bounced off man and hit woman
- found guilty of an assault on the woman
- AG Ref (No 3 of 1994) (1997) - man attacked pregnant woman who baby died of injuries once born
- HL said that transferred malice was transferred malice was a valid principle of law
- Pembliton (1874) - D threw stone, intending it to hit people with whom he had been fighting. Stone hit and broke window
- intention to hit people could not be transferred to a window
- coincidence of actus reus and mens rea
- point at which actus reus and mens rea of the crime come together
- may only be momentary
- whole sequence of events may be spread over a period of time
- Thabo Meli v R (1954) - T + others attacked man and threw him over cliff, thinking he was dead, man died from exposure
- guilty - actus reus and mens rea came together even though man died later from cause not considered by defendants
- Church (1966) - threw woman into river believing her to be dead. woman died of drowning
- guilty - actus reus and mens rea came together even though woman not dead when thrown into river
- Fagan (1986) - F parked his car on policeman's foot
- guilty - there was mens rea for actus reus of applying force to policeman's foot when F turned ignition off
- Le Brun (1991) - woman died after being dropped by husband
- guilty - actus reus and mens rea came together in course of man and woman having argument, woman falling down, and being dropped by husband trying to pick her up while drunk
- negligence
Comments
No comments have yet been made