Mens Rea Flashcards Preview

Criminal Law > Mens Rea > Flashcards

Flashcards in Mens Rea Deck (12):
1

Mens rea?

  • Fault element

2

Direct Intent

R v Moloney [1985] Jury Q q/o detailed guidance from judge.

3

Oblique Intent

R v Woollin [1999] Indirect intention. Death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant's actions and that the defendant appreciated that such was the case.

4

Negligence

Adomako [1994] " Whether the conduct of the defendant was so bad in all circumstances as to amount in their judgement to a criminal act or ommission.

5

Recklessnes

Cunningham (subjective) recklessness- D acts recklessly if:

->He believes his conduct will give rise to a risk of harm;

->and it is unreasonable for D to run the risk that he foresees.

6

Dishonesty Thefts Act 1968

R v Ghosh [1982] (i) would ordinary ppl consider it dishonest; if so (ii)Did D realise that they would find it dishonest?

7

Criticism of Mens Rea

-> Not consistent in applying objective or subjectice test for liability. There is an absence of underlying rationale & the offences develope independently of each other. ->Sir Henry Brooke (Former Head of Law com) Suggests codification of some parts of crim law

8

Transferred Malice

R v Pembleton [1874] does not operate where the crime which occured was differentfrom what was intended. [otherwise it works see Latimer [1886]]

9

Circumventing Concurrence of AR & MR

-> Creating fresh AR at later time that coincides with D's MR. ->

10

Prosecutro might try Continuing act

Fagan V Metropolitan Police Commisioner [1969]

11

Or seeing if they can be prodectured via ommision

As in Miller [1982]

12

Or as a single complex transaction

ThaboMeli [1954]