Mens Rea Flashcards
(11 cards)
what is the MR?
guilty mind. The mental state required for the crime
what are the types of MR?
- intention
- recklessness
- negligence
what are the types on intention? Explain them.
Direct = D seeks to achieve consequence of their act
Indirect = D does not necessarily want the result, but they foresee it as a virtually certain consequence of their actions.
what is the test for indirect intention?
- Consequence was virtually certain to occur (objective) +
- D foresaw it as being virtually certain (subjective but S8 CJA allows the court to look at what a reasonable person would do for an indication)
explain recklessness
- D took an unreasonable/unjustified risk in circumstances known to D (objective)
and - D foresaw the risk but took it anyway (subjective)
explain negligence
give an example
did D’s conduct fall below that expected of a reasonable person? (objective)
if yes, D will be negligent.
focus is the act itself, rather than D’s state of mind.
i.e. D may be negligent in relation to a risk they were unaware of if it was an obvious risk
explain strict liability and how to identify if a crime is one of strict liability
= a crime where no MR is required. The act/omission alone is enough for D to be guilty.
Statute may state if SL, look for words which suggest intention (i.e. knowing, willingly)
If provision is unclear, rebuttable presumption MR is required. Contrary evidence:
o Statute as a whole = other parts inc. words of intention, more likely to be SL (on basis UKP omitted intentionally)
o Greater social danger = SL more likely
o Heavy penalty = MR more likely necessary
explain the doctrine of transferred malice
in relation to what offences is this less common and why?
D intentionally/recklessly hurts one person/property but causes harm to another person/thing = MR can be transferred
Less common with reckless offences because D only needs to have foreseen the slightest risk
AR & MR must be in relation to the same offence
explain the coincidence of the AR + MR
what principles assist this?
AR + MR must happen at the same time.
Principles to assist:
o Continuing act
o Single transaction
explain the single transaction and continuing act principle
continuing act = one act takes place but it is treated as ongoing (i.e. it is stretched in time). Therefore, so long as the MR occurs at some point during the extended act, the AR + MR will have coincided and D will be G of the offence.
single transaction = a series of connected acts take place and they are seen as one event. Therefore, so long as D had the MR at some point during the chain of events, AR + MR will have coincided and D will be G of the offence.
what are the classification of offences? Briefly explain each one.
Basic intent = offences committed intentionally/recklessly
Specific intent = offences only committed intentionally
Ulterior intent = offences where D has AR+MR plus additional MR
