Topic 3: Principles Of Criminal Liability: Mens Rea Flashcards Preview

Law: Criminal Law > Topic 3: Principles Of Criminal Liability: Mens Rea > Flashcards

Flashcards in Topic 3: Principles Of Criminal Liability: Mens Rea Deck (22)
Loading flashcards...
1
Q

What is ‘mens rea’?

A

Guilty mind

2
Q

What are the 4 types of men’s rea?

A

Intention
Recklessness
Negligence
Knowledge

3
Q

What is intention?

What case is this shown in?

A

The most blameworthy type of mens rea

Mohan (1975)

4
Q

What does intention make clear?

A

That the defendants motive/reason for doing the act is irrelevant

5
Q

What are the two types of intent?

A

Direct intent

Oblique intent

6
Q

What is direct intent?

A

The defendant foresees the consequences of his actions and does everything in his power to bring about this consequence

(100% aim and desire)

7
Q

What is oblique intent?

A

Sometimes a defendant intends to do something, but the consequence is another thing

8
Q

What is the statutory guidance on oblique intent?

A

S8 Criminal Justice Act 1967

9
Q

What is recklessness?

A

Where the defendant knows there’s a risk of the consequence happening but takes the risk regardless

10
Q

What is the famous case for subjective recklessness?

A

Cunningham (1957)

11
Q

What are the 2 types of recklessness?

A

Subjective

Objective

12
Q

What is the famous case for objective recklessness?

A

Caldwell (1981)

13
Q

When will recklessness only be considered?

A

When the defendant has no intention

14
Q

Which recklessness was created off the back off the other not covering it?

A

Caldwell (objective) recklessness

15
Q

What is the difference between an advertent and an inadvertent risk taker?

A

Advertent - knowingly takes a risk

Inadvertent- unknowingly takes a risk

16
Q

What case changed recklessness?

A

Elliot v C (1983)

17
Q

Which type of recklessness became unpopular with judges?

A

Caldwell recklessness

18
Q

What crime has subjective recklessness been reintroduced for?

A

Manslaughter

19
Q

What is transferred malice?

A

The defendant intends to do an act to the victim but it’s transferred onto another victim

20
Q

What’s general malice?

A

Where the defendant has no particular victim in mind (eg. Terrorism)

21
Q

What must be in place for an offence to have happened?

A

Actus reus and mens rea

22
Q

What is a continuing act?

A

Where at some point while the act is going on, the defendant has the necessary mens rea