Mens Rea Flashcards
transfers, intended, actual
What is meant by Transferred malice?
Where D’s mens rea transfers from the intended V to the actual V (the one who ends up injured)
Legal principle of Latimer
His MR was transferred from intended V to actual V when he aimed to hit intended V with a belt, guilty under s20 OAPA
What was the HELD of R v Pembilton?
D’s MR could not be transferred to property as this was a different type of crime, thus his conviction for damage to the window was quashed
What is meant by subjective recklessness?
Where D realises there is an unjustifiable risk of the prohibited outcome occurring and takes the risk anyway
Legal principle R v Cunningham
D was not reckless as he did not realise the risk of the outcome occurring (gas leaking through the wall)
What is meant by objective recklessness?
Judges D against the standard of the ordinary, reasonable man
What is meant by direct intent?
D has the aim, desire or purpose to bring about the prohibited outcome
Legal principle of Mohan
Intending as far as possible, within his powers to bring about a state of affairs
What is meant by oblique intent?
The prohibited outcome is virtually certain and D is aware of this
Legal principle of Woolin
D had intention as the prohibited consequence was a virtual certainty and he must have realised this
How can negligence form the MR of a crime?
Where D’s negligence is so bad as to be gross and results in death, D may be guilty of gross negligent manslaughter
Legal principle of Adomako
whether the extent to which D’s conduct departed from the proper standard of care involving risk of death, should be judged as criminal
