ECO: Mens Rea Flashcards
(22 cards)
Define Men’s Rea
The mental state of the defendant during the commission of an offense. The mental state includes the intention , negligence and knowledge
Define Intention
Intention can either be direct or indirect his means they anted the consequence to occur this is the highest level of Mens rea and is often attached to the most serious offences
Explain Direct intention + Case example
D has direct intention if its their aim desire and purpose to bring about the consequence.
( R V Mohan)
CASE: Explain R v Mohan (Direct intention)
A police officer stood in the path of s speeding car instructing driver to stop. The car slowed but when the D was 10 feet away from a officer accelerated his car leading to the police man jumping out of the way to avoid being ran over. D was convicted but tried to argue that he had no intention to cause harm.
Explain Indirect intention + Case Example
The D intends on actus reus element obliquely where it is
1. virtually certain to arise
2. The D recognises that it is virtually certain to arise and
3. The jury finds that this amounts to an intention
(R v Woolin and R v Matthews and Alleyne)
CASE: Explain R v Woolin (Indirect intention)
The D ( A father who had learning disabilities) threw his 3 month bay son on to a hard surface, the baby suffered from a fractured skull and died, The appeal court held that there was a substantial risk of death occurring and it was a virtually certain consequence. The murder conviction was quashed and
CASE: Explain R v Matthews + Alleyne (Indirect intention)
D pushed the V into a river from a bridge knowing V couldn’t swim. D watched V head towards the bank but D didn’t stay to see if V got Out. The V drowned.
The court of appeal held that this test was a rule of evidence from which the jury can infer necessary information.
Define a person being Reckless
A person disregards any risk for themselves or others while committing an act. This is a lower level of men’s rea than intention.
Explain Recklessness + Case example
D must Foresee and appreciate the risk and still go ahead with it.
( R v Cunningham)
CASE: Explain R v Cunningham ( Recklessness)
The D ripped a gas meter rom the wall in order to steal money in the meter. This caused gas to escape. The gas seeped through small cracks in the wall to the neighbouring property, its occupants were poisoned by gas.
The court held that as D had no knowledge that tampering with the gas meter held the risk of escaping gas D could not have foreseen the risk of harm occurring.
Define a person being Negligent
Where an individual has a duty of care they must act in a way which ensures they meet the requirements of that duty
Explain Negligence + case example
D must fall below the standard of the reasonable person, this negligence must be ‘Gross’ as determined by the jury.
(R v Adomako)
CASE: Explain R v Adomako ( Negligence)
D was an Anaesthetist in charge of a patient during an eye operation. During the operation the oxygen pipe became disconnected and the patient died.
The D was negligence in his actions as a professional he was held to a higher duty of care.
Define strict liability
Men’s rea doesn’t need to be proven for the D to be guilty of an offence, simply completing the actus reus is satisfactory.
Explain Strict liability - Gammon Principle + case example
1) The crime is regulatory as opposed to a true crime
2) The crime is one of social concern
3)The wording of act indicates strict liability
4) The offence carries a small penalty
(Gammon (Hong Kong) Ltd v A- Hong Kong)
CASE: Explain Gammon (Hong Kong) Ltd v A- Hong Kong (Strict liability)
The D was a builder who had deviated from the plans in the construction of a building.
It was an offence to deviate from the plans in a substantial way.
D tried to argue that the deviation was only minor rather than substantial.
Define Coincidence
In order to be found guilty of an offence the actus reus and men’s rea must occur at the same time or be close to one another.
Explain Coincidence + case example
Coincidence Requires the actus reus and the men’s rea to occur at the same time to prove criminal liability.
Coincidence is an absolute rule of law, a lack of coincidence means a lack of liability.
( Fagan V MPC)
CASE: Fagan V MPC (Coincidence)
A police man was directing D to Park his car. D accidentally drove onto the policeman foot. The police man shouted at him to get off. D refused to move.
The D argued at the time of the actus reus, the driving onto the foot , he lacked the men’s rea of any offence since it was purely accidental.
Held the driving on the foot and remaining there was a continuing act
Explain Transferred Malice + Case example
The men’s rea of an offence will transfer from the intended V to V 2 therefore D will be responsible for the offence. It is not necessary that D foresaw harm to V 2
(R v Latimer)
( R v Pembliton)
CASE: R v Latimer
D got into a fight in a pub. D took off his belt and hit the man with it. The belt ricocheted off and hit a woman in the face.
D was liable for the injuries inflicted on the women even though it wasn’t his intention to harm her.
The means rea he had to cause harm to the man was transferred to the women.
CASE: R v Pembiltion
D threw some stones into a crowd of people. He wanted to disperse the crowd. A stone hit and smashed a window.
He was convicted of criminal damage and appealed. The conviction was quashed.
His mens rea for an offence against the person could not be transferred to a property offence as they are entirely different offences.
