Mens Rea Flashcards
What are the two types of Men’s Rea?
Intention and recklessness
What does Mens Rea translate to?
Guilty Mind
What are the two different kinds of intention?
Direct intention: Where it is obvious that the defendant intended the outcome (e.g. Defendant shoots Victim and the Victim dies). It is the D’s aim, purpose and desire to bring about the results (Mohan)
Indirect intention: Where it is not so obvious what the defendant intended (e.g. D shoots V in the leg and V dies). The court will apply the Virtual Certainty test as established in Woolin (D threw baby at pram, misses and baby dies):
1. Was the death/serious injury a virtual certainty? (objective test)
2. Did the D realise this? (subjective test)
Define recklessness
Where the D sees an unjustified risk, but takes the risk anyway. This is subjective as the D must see the risk themselves- Cunningham (tampers with gas meter, doesn’t realise that he allows CO to be released)
The subjective test of recklessness was confirmed in R v G&R. You must prove that the D was aware of a risk of harm and the D decided to take that risk and carry on regardless.
Define transferred malice
Latimer: “The principle of transferred malice allows the intention I had for my intended victim, to be transferred to my actual victim.”
Cannot be transferred from person to object, only person to person.
E.g. if D goes to hit V1, but misses and hits V2, the intention the D had towards their intended victim (V1) is simply transferred to the actual V (V2).
Define the coincidence rule
The Actus Reus and Men’s Rea are a continuining act and a long as they occur “at some point”, the crime will be complete (Church, Fagan case).
Most of the time the Actus Reus and Mens Rea occur at the same time.
What is strict liability offence?
A crime that does not require Mens Rea. The D will be guilty of the crime as long as they committed the Actus Reus- regardless of whether they had a guilty mind or not.
Give 3 examples of a strict liability offence
Selling alcohol to a minor
Speeding
Driving while under influence
Other examples are:
Causing pollution
Food regulation laws
What are the Gammon Guidelines?
Used to help a judge decide if a crime is strict liability or not:
- Crime is not strict liability if Mens Rea words are used (such as “intention”, “knowingly” or “reckless”
- Crime is not strict liability if the crime is truly criminal (such as murder or rape)
- Not strict liability if there is a penalty of prison
- Not strict liability is the offence covers issues of social concern (such as gambling/drinking etc.)
- Is strict liability if the offence is regulatory (such as pollution, food production etc.)
Evaluate strict liability
Benefits:
Protects public
Easier to prosecute so this saves court time
Forces businesses to raise standards
Drawbacks:
Unfair on defendant
No evidence it raises standards
Defendants reputation damaged
