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Flashcards in Mens Rea Deck (12)
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1
Q

Mens rea?

A
  • Fault element
2
Q

Direct Intent

A

R v Moloney [1985] Jury Q q/o detailed guidance from judge.

3
Q

Oblique Intent

A

R v Woollin [1999] Indirect intention. Death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendant’s actions and that the defendant appreciated that such was the case.

4
Q

Negligence

A

Adomako [1994] “ Whether the conduct of the defendant was so bad in all circumstances as to amount in their judgement to a criminal act or ommission.

5
Q

Recklessnes

A

Cunningham (subjective) recklessness- D acts recklessly if:

  • >He believes his conduct will give rise to a risk of harm;
  • >and it is unreasonable for D to run the risk that he foresees.
6
Q

Dishonesty Thefts Act 1968

A

R v Ghosh [1982] (i) would ordinary ppl consider it dishonest; if so (ii)Did D realise that they would find it dishonest?

7
Q

Criticism of Mens Rea

A

-> Not consistent in applying objective or subjectice test for liability. There is an absence of underlying rationale & the offences develope independently of each other. ->Sir Henry Brooke (Former Head of Law com) Suggests codification of some parts of crim law

8
Q

Transferred Malice

A

R v Pembleton [1874] does not operate where the crime which occured was differentfrom what was intended. [otherwise it works see Latimer [1886]]

9
Q

Circumventing Concurrence of AR & MR

A

-> Creating fresh AR at later time that coincides with D’s MR. ->

10
Q

Prosecutro might try Continuing act

A

Fagan V Metropolitan Police Commisioner [1969]

11
Q

Or seeing if they can be prodectured via ommision

A

As in Miller [1982]

12
Q

Or as a single complex transaction

A

ThaboMeli [1954]