What is ‘mens rea’?
Guilty mind
What are the 4 types of men’s rea?
Intention
Recklessness
Negligence
Knowledge
What is intention?
What case is this shown in?
The most blameworthy type of mens rea
Mohan (1975)
What does intention make clear?
That the defendants motive/reason for doing the act is irrelevant
What are the two types of intent?
Direct intent
Oblique intent
What is direct intent?
The defendant foresees the consequences of his actions and does everything in his power to bring about this consequence
(100% aim and desire)
What is oblique intent?
Sometimes a defendant intends to do something, but the consequence is another thing
What is the statutory guidance on oblique intent?
S8 Criminal Justice Act 1967
What is recklessness?
Where the defendant knows there’s a risk of the consequence happening but takes the risk regardless
What is the famous case for subjective recklessness?
Cunningham (1957)
What are the 2 types of recklessness?
Subjective
Objective
What is the famous case for objective recklessness?
Caldwell (1981)
When will recklessness only be considered?
When the defendant has no intention
Which recklessness was created off the back off the other not covering it?
Caldwell (objective) recklessness
What is the difference between an advertent and an inadvertent risk taker?
Advertent - knowingly takes a risk
Inadvertent- unknowingly takes a risk
What case changed recklessness?
Elliot v C (1983)
Which type of recklessness became unpopular with judges?
Caldwell recklessness
What crime has subjective recklessness been reintroduced for?
Manslaughter
What is transferred malice?
The defendant intends to do an act to the victim but it’s transferred onto another victim
What’s general malice?
Where the defendant has no particular victim in mind (eg. Terrorism)
What must be in place for an offence to have happened?
Actus reus and mens rea
What is a continuing act?
Where at some point while the act is going on, the defendant has the necessary mens rea