Mens Rea

HideShow resource information
What are the main types of mens rea?
Intention, recklessness, negligence and knowledge,
1 of 21
Give the definition and case for intention.
Mohan (1975) - 'a decision to bring about, in so far as it lies within the accused's power, [the prohibited consequence] no matter whether the accused desired that consequence of his act or not'
2 of 21
What is direct intent?
When the D had the intention to cause the specific consequence to occur.
3 of 21
What is oblique intent? Give the main case.
The D intends one thing, but the consequence that occurs is another. Hancock and Shankland (1986) - Miners on strike.
4 of 21
What act brought about foresight of consequences?
S8 Criminal Justice Act 1967. The D must intend or forsee a consequence.
5 of 21
Give the cases for foresight of consequences.
Moloney (1985) - Drunken gun draw. Hancock and Shankland (1986). Nedrick (1986) - Paraffin though letter box. Woolin (1998) - Threw son against wall.
6 of 21
Which case does the explanation of recklessnes come from?
Cunningham (1957) - Gas meter.
7 of 21
What type of recklessness was Cunningham?
Subjective
8 of 21
Give examples of offences for which recklessness is sufficient for the mens rea?
Assault and battery, assault occasioning ABH (s47 OAPA 1861), malicious wounding (s20 OAPA 1861), criminal damage.
9 of 21
What is subjective recklessness?
Where the D saw the risk, but decided to take it.
10 of 21
What is objective recklessnes?
Where an ordinary person would have realised the risk. The D would be guilty even if he didnt realise the risk.
11 of 21
Give the cases for objective recklessness.
MPC v Caldwell (1981) - set fire to hotel. Elliot (1983) - D had learning difficulties.
12 of 21
Give the case that overruled Caldwell.
G and another (2003) - Boys set fire to bin.
13 of 21
Give the leading case for negligence.
Adomako (1994).
14 of 21
What is the leading case for knowledge?
Sweet v Parsley (1969) - Cannabis farm house.
15 of 21
What is transferred malice?
Where the D can be guilty if he intended to commit a similar crime, but against a different victim.
16 of 21
Give the cases for transferred malice.
Latimer (1886) - Belt bounced off man and hit V. Pembliton (1874) - Malice couldn't be transferred when aiming a stome at people, which then hit window. Gnango (2011) - 'Bnadana man' shot passer by in a shoot off with D. D guity.
17 of 21
What is general malice?
Where the D doesnt have a specific victim in mind.
18 of 21
What are the cases for a coincidence of actus reus and mens rea?
Thabo Meli v R (1954) - Thought D was dead, pushed him off cliff and he died as a result. Ds guilty of murder. Church (1965) - Put V in a river becasue he tried bringing her round and thought she was dead. V drowned and D was guilty of manslaughter.
19 of 21
What is the general rule involving a continuing act?
If the mens rea occurs whilst a continuing act is occuring, the D can be guilty.
20 of 21
What is the main case for a continuing act?
Fagan v MPC (1986) - Ran over policeman's foot by accident, but refused to move off his foot. D guilty.
21 of 21

Other cards in this set

Card 2

Front

Give the definition and case for intention.

Back

Mohan (1975) - 'a decision to bring about, in so far as it lies within the accused's power, [the prohibited consequence] no matter whether the accused desired that consequence of his act or not'

Card 3

Front

What is direct intent?

Back

Preview of the front of card 3

Card 4

Front

What is oblique intent? Give the main case.

Back

Preview of the front of card 4

Card 5

Front

What act brought about foresight of consequences?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »