Mens Rea

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  • Created by: 10dhall
  • Created on: 25-05-17 10:56
What is mens rea?
It is a latin term meaning the mental element of a crime
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What are cases concerning motive?
Gillick - giving contraception to underage girls
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What is another medical case concerning motive?
Re A 2000 - conjoined twins, a doctors bona fide can negate mens rea
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What is bona fide?
A doctors good nature/will/intention
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What are the different types of intention?
Oblique intent and direct intent
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What is a well known case on intention?
Mohan
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What is a case concerning oblique intent?
Hyam v DPP 1975
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What are other cases relating to intention?
Moloney, Smith v DPP, Nedrick, Woolin
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Evaluation of the law?
It is importan to have three levels of mens rea so it is easier to judg
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What are some specific intent crimes?
Murder, GBH with intent, attempts, theft
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What are some basic crimes?
****, manslaughter, assault, battery
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What does not count as intention?
Guilty thoughts (Cunliffe v Goodman), motive, medical cases
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Law commission proposals?
A person should be taken to intend a result if they act to bring it about, the jury can be directed when the judge believes that justice will not be done unless an expanded understanding of intention is given
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What cases are there on recklessness?
Re G&R, Caldwell
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What is a case example on transferred malice?
Latimer (belt)
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Other cards in this set

Card 2

Front

What are cases concerning motive?

Back

Gillick - giving contraception to underage girls

Card 3

Front

What is another medical case concerning motive?

Back

Preview of the front of card 3

Card 4

Front

What is bona fide?

Back

Preview of the front of card 4

Card 5

Front

What are the different types of intention?

Back

Preview of the front of card 5
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