MR - Criminal Law Flashcards
(24 cards)
What does mens rea relate to?
The defendant’s state of mind at the time of committing the offence
What does mens rea reflect?
The blameworthiness of the defendant
What is the difference between intention and motive?
Intention is the want of the defendant; motive is why
What is direct intent?
The aim, wish, want, or desire of the defendant
What is the legal test for direct intent?
R v Mohan - a decision to bring about the prohibited consequence
What is indirect/oblique intent?
When the defendant’s main purpose is something else but they foresee the consequence of their actions
What is the legal test for indirect intent?
R v Woollin - virtual certainty test
What are the two questions in the virtual certainty test?
- Was the outcome a virtually certain consequence of the defendant’s actions? * Did the defendant realize this?
What is subjective recklessness?
The actual state of a person’s mind regarding risk
What is objective recklessness?
What a rational person would think, not considering the defendant’s state of mind
What is the legal principle regarding foresight and intention?
Foresight is only evidence of intention, matter for jury - R v Matthew and Alleyne
What is recklessness in the context of mens rea?
A lower level of mens rea where the defendant is aware of the risk but takes it anyway
What is the legal test for recklessness?
R v Cunningham - the conscious taking of an unjustifiable risk
What is transferred malice?
When the mens rea can be transferred from an intended victim to an unintended victim
What is the unintended victim principle?
Mens rea against the intended victim can be transferred to the actual victim - R v Latimer
What is the additional victim principle?
Mens rea can be split to form two complete offences against intended and unintended victims - R v Mitchell
When can the general rule of transferred malice be excepted?
When the defendant’s mens rea of one crime does not coincide with the actus reus of another - R v Pembliton
What is the contemporaneity rule?
The coincidence of actus reus and mens rea for criminal liability
What are continuing acts?
Where the accused starts with actus reus without mens rea but forms mens rea while actus reus continues
What is strict liability?
A category of offence requiring no mens rea for at least one aspect of the actus reus
What is absolute liability?
No mens rea needed, and actus reus does not need to be voluntary - R v Larsonneur
What are the criteria to determine strict liability offences?
- Words of the statute imply strict liability * It’s a regulatory offence * It is an issue of public safety or social concern * The offence carries a small penalty
What are some reasons that justify strict liability?
- Protect the public * Promote greater care * Easier to enforce * Saves court time
What are some arguments against strict liability offences?
- Immoral to penalize the blameless * Those taking all possible care should not be penalized * No evidence that it imposes higher standards
