1B Mens Rea

Question 1

Definition of MR

Answer 1

The mental element of crime

Question 2

Direct Intent Definition

Answer 2

D decided to bring about the prohibited consequence

MOHAN - defined this as ‘ a decision to bring about, in so far as it lies within the accused’s power, the prohibited consequence’

Question 3

Oblique Intent Definition

Answer 3

D’s aim is different to consequence

WOOLIN

(1) the reasonable person would have known the consequence was virtually certain to happen (objective limb) and
(2) the defendant knew the consequence was virtually certain to happen (subjective limb)

Question 4

Recklessness Definition

Answer 4

• defined as taking an unjustified risk (conscious risk taking)

NOT RECKLESS - CUNNINGHAM
YES RECKLESS - SAVAGE - maliciousness - defined in Savage

Question 5

Transferred Malice Definition

Answer 5

D can be guilty if intended to commit a similar crime but against another person, transfering intention frim intended v to actual v

PERSON TO PERSON - LATIMER - D wanted to strike man but ended up hitting woman, MR had been transfered
PERSON TO OBJECT - PEMBLITON - D threw stone to hit people, it broke a window. Intent to hit people couldn’t be transfrerred

Question 6

Coincidence Definition

Answer 6

Both AR and MR must be present for offence to take place

CONTINUING ACT PRINCIPLE - FAGAN - It is a principle of English law that the actus reus and mens rea must coincide. That is they must happen at the same time.

TRANSACTION PRINCIPLE - THABO MELI - ???