#Exam 1(2)-Mens Rea Flashcards
(38 cards)
What is mens rea
The mental element of a crime
R v Clarke
Woman put stuff in her own bag before paying for them and forgot due to absent-mindedness due to depression. Acquitted
Do all crimes require mens rea
Most do but some don’t such as strict liability
What is direct intent
When d intended for a specific outcome to occur
What is oblique intent
When the defendant does one thing but the actual outcome is different
The court and jury must decide if what are present
1) if the outcome that come about is foreseeable or a probably consequence of those actions
2) whether this damage was intended or foreseen
What happened in moloney
Stepfather dares his drunk son to shoot him, the d does and kills the father, boy gets manslaughter as seeing consequences is not the same as intention
What happened in Hancock and shankland
To stop miners from working In mine a concrete slab is pushed on road below accidentally killing a taxi driver, conviction become manslaughter
What happened in Nedrick
Man poured poured parts gin through letter box accidentally killing a young woman’s baby, guilty for manslaughter
What happened in robbers v alleyne
Robbers drop man who can’t swim
Into a lake, ruled that jury could decide if guilty for murder
What is the lower level of men’s rea
Subjective recklessness
Which case does subjective recklessness come from
Cunningham
What happened in Cunningham
Man ripped has meters from a wall of empty house to steal money from it, this caused however a gas leak which affected the woman next door. He was held not guilty as he didn’t know
Negligence means …
Failure to meet the standards of a reasonable man
What cases don’t need men’s rea
Strict liability
Which case demonstrates strict liability
Pharmaceutical society of GB v storkwain ltd- D supplied people prescription drugs using forged doctors notes. Chemist found guilty as they supplied drugs without valid prescription
The idea that men’s is only required for part of an offence can be shown in which cases
R v Prince and R v Hibbert
What is the difference between R v Prince and R v Hibbert
R v Prince- d intended to take daughter away from her father
R v Hibbert- never knew that the 14 year old girl was in custody of her father
What must the actus Reus be in strict liability crimes
It must be proved and it must be voluntary
Can you still be convicted if your voluntary act accidentally caused a bad consequence
Yes, Callow v Tillstone vet examined carcass and told butcher it would be fine to sell. It wasn’t and the butcher was still liable even though he’d taken due diligence
Courts can be strict such as protection of minors which case shows this
Harrow LBC v shah and shah, when a newsagents sold a 13 year old a lottery ticket even though they’d been told to ask for ID
Can there be a defence of making a mistake
No such as when alcohol was sold to a drunk person even though he didn’t look drunk in Cundy v Le Cocq
What is used to decide whether something should be strict liability
Presumption of men’s rea Looking at the rest of the act Quasi- criminal offence Penalty of imprisonment Issue of social concern Would strict liability promote law enforcement
What is the presumption of men’s rea
Unless a law clearly states that no MR is required it will be taken as if it is required
Sweet v parsley- woman didn’t know cannabis was being smoked in a rented farmhouse for students- not guilty
