Mens Rea

Question 1

Whats the translations of mens rea

Answer 1

Guilty mind

Question 2

Explain intention as a type of mens rea, include a case

Answer 2

Indirect (Woollin)- was outcome virtually certain outcome of D’s actions, did D realise
Direct- main wish want, aim, desire (Mohan- decision to bring criminal consequence)

Question 3

Explain recklessness as a type of mens rea, include a case

Answer 3

Not the d’s main wish, want, aim or desire but foresaw risk of consequence
The conscious taking of an unjustifiable risk
Cunningham

Question 4

Explain coincidence of MR and AR, name the 3 views/principles

Answer 4

Contemporary principle- AR and MR present at same time
Continuing act principle- AR continues throughout (fagan v metro police)
Single transactional view- MR continues throughout (church)

Question 5

What are the 2 circumstances where MR of D can Transfer from intended v to actual v, and what’s the exception

Answer 5

• d mistakes actual v for intended v (Latimer)
• additional v is harmed (Mitchell)
• exception: MR cant transfer to different offence (pemblington)

Question 6

Explain strict liability offences, use a case

Answer 6

Requires no MR e.g. speeding (pharmaceutical society GB v storkwain)

Question 7

Who’s role is it to determine if offence is one of strict liability, use a case

Answer 7

Role of judge (sweet v parsley)

Question 8

What does the case of Gammon state for SL offences

Answer 8

Gives criteria to help judges determine if offence is SL:
- if offence is of criminal character its more likely to require MR (B v DPP)
- when there’s an issue of public concern its more likely to be a SL offence (alphacell v Woodward)

Question 9

What are the 4 reasons for SL offences, use case where relevant

Answer 9

• save courts time/money
• encourage greater vigilance, acts as a deterrent
• for minor offences
• protect public (callow v tilstone)

Question 10

What is MR not concerned with/the same as, use a case

Answer 10

Motive- steane