Mens Rea

Question 1

Men’s rea

Answer 1

Men’s rea refers to the state of mind and the criminal intent. It is Latin for guilty mind. It refers to the mental state or intention of an individual at the time they commit a criminal act.

Question 2

Voluntary intoxication

Answer 2

This means you got yourself in that condition. However if a defendant has simply misjudged the amount of strength of intoxicants this will not be regarded as involuntary intoxication

Question 3

Involuntary intoxication

Answer 3

This means you are not responsible for getting in that condition

Question 4

Recklessness

Answer 4

A circumstance when he/she is aware of a risk that it exists or will exist
A result when he/she is aware of the risk that it will occur

Question 5

Malice

Answer 5

the intention or desire to cause harm (as death, bodily injury, or property damage) to another through an unlawful or wrongful act without justification or excuse

Question 6

Transferred men’s rea

Answer 6

Transferred is, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.
However this only operates if the crime remains the same

Question 7

What is subjective belief

Answer 7

It means that the suspect himself personally held about something is genuine and honest belief

Question 8

Objective relief

Answer 8

This means one that other people like society believe something

Question 9

What is specific intent

Answer 9

This is only committed where the defendant is shown to have a particular intention to bring about a specific consequence at the time of the criminal act. Ie burglary or murder

Question 10

What is basic intent

Answer 10

Basic intent refers to offences where either intention or recklessness will satisfy mens rea. Ie TWOC or Sec 18