NON FATAL OFFENCES P1 Sec B Flashcards
(29 cards)
Define men’s rea
Guilty mind
Refers to defendants state of mind when committing the crime
What are the 2 types of men’s rea
Intention
Recklessness
What are some crimes that must be done intentionally
Fraud blackmail theft rape terrorism
What is direct intention
Where defendant seeks out/aims/decides to bring out consequences
What is a subjective test
What was defendant thinking?
What is an objective test
What would average person be thinking
What would be good evidence for direct intention of murder
Buying a weapon or use of one
Wether victim has more than one stab wound
Pre meditated attack
Where wounds are
What is oblique intention
When we can’t prove d was aiming to bring about a consequence but consequence was so obvious that d may have as well intended it
What are the parts D must pass for oblique intention
1.Was the consequence of D conduct a virtual certainty
2.did D realise the consequence was a virtual certainty
What are the 1st and 2nd tests called for virtual certainty
Subjective test
Objective test
Who makes the final decision about the men’s rea
The jury
What is the case for direct intention
R v Mohan
What is Recklessness
The most basic level of men’s Rea used for the less serious crimes
What is the case for recklessness
Cunningham
Describe the 3 R/s test
Where a defendant realises the risk and carried on regardless of
What is transferred malice
Where D intends to commit a crime on one person but actually commits it on someone else the men’s Rea can be transferred from intended victim to actual victim meaning D is still guilty
What is the case for transferred malice
R v Latimer
What is the exception to transferred malice
If defendant performs the actus reus of one crime whilst having the men’s Rea of another crime the. defendant will not be guilty
What is the case for intending damage to v but instead committing criminal damage
R v Pemblington
What is the single transaction theory
Where the D men’s Rea occurs first MR is extended to meet AR
Courts treat this as one continuing act
What is the case for single transaction theory
R v Thabo meli
What can judges do to make AR meet MR
Extend AR to meet MR to make it a single transaction and 1 continuing act
What is the case for oblique intention
R v Woolin
What is the case for a continuing act
Fagan v MPC
