Mens rea

Question 1

what is direct intention?

Answer 1

aim, purpose and desire to bring about the consequence (mohan)

Question 2

what is indirect intention?

Answer 2

The consequence is virtually certain to occur and D is aware of this (woolin)

Question 3

What is recklessness?

Answer 3

D must foresee the risk but still goes ahead with it (cunningham)

Question 4

what is transferred malice?

Answer 4

MR of the offence will transfer from intended V to V2 so D will still be liable but only if it is the same offence (latimer)

Question 5

what is coincidence?

Answer 5

the AR and MR must occur at the same time or close to one another but AR can be a continuing act (fagan)

Question 6

what is negligence?

Answer 6

falling so far below the standard it becomes gross (adomako)

Question 7

What are the gammon principles for strict liability?

Answer 7

• crime is regulatory as opposed to a true crime
• the crime is one of social concern
• the wording of the act indicates strict liability
• the offence carries a small penalty