mens rea Flashcards
(15 cards)
What two elements must coincide for most crimes to result in a guilty verdict?
Actus reus (guilty act) and mens rea (guilty mind).
Define ‘actus reus’.
Guilty act.
Define ‘mens rea’.
Guilty Mind.
What is a ‘strict liability offense’?
An offense where only the actus reus needs to be proven for a conviction.
What must the prosecution prove in a ‘specific intent’ crime?
The defendant intended a specific outcome from their actions.
What must be proven to find someone guilty of murder?
They intended to kill or cause serious harm that resulted in death.
What is ‘direct intent’?
Where the consequence was the defendant’s main aim.
What is indirect intent?
Where the consequence was not the defendant’s main aim, but the jury believes they foresaw it as a virtually certain consequence.
what is malice aforethought
-intention to kill
what is implied malice aforethought
-intention to cause GBH (virtually certain)
intention to cause GBH is sufficient what case is this?
Vickers-D struck V with several blows during a burglary of V’s shop V died.
what is a case for direct intent?
Mohan
what is the case for indirect intent?( virtually certain)
Woolin-baby being thrown.
Criminal Justice Act 1967) says that the test for intention is what _
subjective
what’s another case for indirect intent?
r v matthews and alleyne- threw victim into a large fast-flowing victim he couldnt swim and he died, the two men ran away
