mens rea and strict liabilty

Question 1

what is mens rea translated to

Answer 1

guilty mind

Question 2

when can the mens rea be proven

Answer 2

after the actus reus is proven

Question 3

at what point of the crime is the mens rea looked at

Answer 3

at the time of offence

Question 4

what are the three levels of mr

Answer 4

intention
subjective recklessness
negligence

Question 5

what crimes don’t have to prove mr

Answer 5

strict liability crimes

Question 6

what are the two types of intention

Answer 6

direct intention
oblique intention

Question 7

what is direct intention

Answer 7

the highest form of mr
where the aim/propose is to bring the result

Question 8

what case formed direct intention

Answer 8

R v mohan 1976

Question 9

what mr do most cases have

Answer 9

direct intention

Question 10

what’s oblique intention

Answer 10

where the prohibited consiquence is virtually certain
the d realises this

Question 11

what rule is oblique intent based on

Answer 11

rules of foresight of consiquences

Question 12

what case confirmed the model direction for oblique intention

Answer 12

R v woollin 2000

Question 13

what happened in r v wollin

Answer 13

d threw 3 month baby on hard surface
didn’t mean to kill but did
it was clear this could happen and so d was given manslaughter

Question 14

what’s subjective recklessness

Answer 14

d knows there’s a risk of prohibited consequences but does it anyway

Question 15

what case is subjective recklessness based on

Answer 15

cunningham 1957

Question 16

what happened in cunningham

Answer 16

d tore a gas meter of the wall to steal
he didn’t realise the risk that gas could leak into a house
d wasn’t guilty

Question 17

what case confirmed the idea of subjective recklessness

Answer 17

r v savage 1992

Question 18

what’s negligence

Answer 18

lowest form of mr
where the d didn’t act in a way a reasonable person would in the circumstances

Question 19

what’s gross negligence manslaughter

Answer 19

d owes a duty of care to v and breached this so b dies
and action are so grossly negligent that it’s a crime

Question 20

what’s transfred malice + a case

Answer 20

d intends to harm 1 person
actions harm another
mr is transferred
gnango

Question 21

what happens in gnango

Answer 21

d in a fight with x
x shot passer by
d charged with aiding and abetting murder of passer by

Question 22

what happened in pembliton case 1884

Answer 22

d on street fight
d threw stone at v but hit a window
mr can’t be transferred so convictions quashed

Question 23

what’s general malice

Answer 23

where there’s no particular victim just an aim to harm as many as possible
eg a terrorist and a bomb

Question 24

what’s the contemporaneity rule

Answer 24

the idea that the mr and ar must be present at the same time/in the same continuing actions

Question 25

what happened in fagan v mpc 1968

Answer 25

d told to move car
moves it on v foot
v tells d to move again
d refuses
d convicted of assault of pc
ar and mr are in the same continual act so guilty

Question 26

what is a strict liability case

Answer 26

don’t require an mr
must prove all ar
ar must be voluntary bar absolute liability cases

Question 27

what happened in harrow v shah 1999

Answer 27

d owns a news agent and constantly tells employees not to sell lottery tickets to under 16s
one sells to 13 yrold
d was still guilty as the act is still an offence

Question 28

how are cases decided to be strict liable cases

Answer 28

there is a presumption that mr is required
if they decide it dosent it will become strict liability

Question 29

what must the ar prove in strict liability cases

Answer 29

must prove d conduct voluntary

Question 30

what are the key points of strict liability cases

Answer 30

ar must be proved
must be voluntary
no mr
no due diligence
no defence of mistake

Question 31

name a statute that states there no mr

Answer 31

contempt of court act 1981 s1

Question 32

why are strict liability cases a thing

Answer 32

for offences seen as ‘not criminal’ like selling underage alcohol
to help protect society
to encourage higher standards

Question 33

what punishment are you likely to get from a strict liability case

Answer 33

a fine

Question 34

what don’t people like strict liability cases

Answer 34

ppl argue blameless people are found guilty (not fair)