Compare contrast Mens Rea

Question 1

Similarities Intention and recklessness (compare)

• Both are forms of _______ fault.
• Both involve degrees of choice/commitment to the outcome.
• Both Indirect intention and recklessness require _______ of the consequences

Answer 1

subjective…..foresight

Question 2

Distinctions Intention and Recklessness (contrast)

• Recklessness reflects lesser ________ to the outcome than intention.
• A person can directly intend a consequence although it is unlikely to result. Not so indirect intention.
• Indirect intention requires proof that A foresaw the consequence as virtually certain. Recklessness requires proof only of foresight of the ________________.

Answer 2

commitment….substantial risk.

Question 3

Similarities Recklessness and Negligence (compare)

• Both recklessness and negligence require proof of risk taking.
• Both Recklessness and negligence are negated if the risk-taking is _______ . (Indirect intention is not (in theory at least).
• Where a person is _________ that he is acting dangerously he is both negligent and reckless as to the result

Answer 3

justified….. aware

Question 4

Distinctions Recklessness and Negligence (contrast)

• Recklessness is a ___________ (foreseeing risk). Negligence is a way of behaving (acting in such a way as to create an unjustified risk of causing harm).
• Recklessness involves ___________ fault. Negligence involves __________ fault.
• Most non fatal offences against the person can be satisfied by proof of recklessness. No non fatal offences against the person offence can be committed by negligence.

Answer 4

state of mind……..subjective…. objective

Question 5

Similarities Negligence and Intention (compare)

• Both are forms of ________

Answer 5

criminal fault

Question 6

Distinctions Negligence and Intention (contrast)

• Negligence, unlike intention, does not require any ______ to the harmful result.
• Intention is a state of mind, not so negligence
• Intention is a form of subjective fault. Negligence is objective fault.
• In the absence of an _________, it is no answer to a crime of intention that the accused’s act was justified.

Answer 6

commitment…..affirmative defence