men's rea

• The men's rea is the mental element, what the defendant intended, thought about or failed to think about when the crime was comitted
• what case defines intention?

  r v Mohan
• According to the case of r v mohan, what is the definition of intention?

  A decision to bring about, in so far as it lies within the accused's power [the prohibited consequence], no matter whether the accused desired that consequence of his act or not.
• what is direct intention?

  The defendant has a specific aim, purpose, or desire to bring forth the consequence
• What case defines direct intention?

  r v Mohan
• what is oblique intention?

  Where the defendant does not have a fixed aim, purpose, or consequence in mind; if a consequence is virtually certain to the defendant, this will be sufficient for the jury to find intention.
• what case defines oblique itnention?

  r v Woollin
• what does section 8 of the criminal justice act 1967 say about foresight?

  Section 8 CJA 1967 makes it clear that foresight alone is not enough to prove intention.
• what is the significance of the case of r v Nedrick?

  A jury can infer intent if death/serious harm was a virtual certainty of the defendant's actions and the defendant realised this.
• What is foresight?

  When the defendant realises or predicts that a particular consequence will, or might happen as a result of their actions.
• what si subjective recklessness?

  It is the taking of an unjustifiable risk. it has to be proved that the defendant realised the risk, but decided to take it anyway.
• What case defines subjective recklessness?

  R v Cunningham
• What case shows how if an offence doesn't require men's rea for part of the actus reus, then the offence is one of strict liability?

  Pharmaceutical society of Great Britian v Storkwain LTD
• What is the significance of pharmaceutical society of great britain v Storkwain LTD

  It shows how if an offence doesn't require men's rea for part of the actus reus, then the offence is one of strict liability
• What case shows how even though the defendant was totally blameless in respect of the consequence, they can still be convicted?

  Callow v Tillstone
• What is the significance of the case of callow v tillstone?

  It shows how even though the defendant was totally blameless in respect of the consequence, they can still be convicted
• what is transferred malice?

  It is the principle that the defendant can be found guilty if they intended to commit a similar crime against a different victim
• WHat cases give examples of transferred malice?

  r v Latimer and R v Mitchell
• what case shows that where the men's rea is for a completely different type of offence, the defendant might not be found guilty?

  r v Pembliton
• What is the significance of r v Pembliton?

  it shows that where the men's rea is for a completely different type of offence, the defendant might not be found guilty
• what is the principle of coincidence?

  The requirement that the actus reus and mens rea of an offence must coincide in time, though courts may apply either the ‘continuing act’ or ‘transaction’ approach to establish coincidence where necessary
• In terms of the coincidence principle, what is the continuing act theory?

  Its the type of coincidence that if an act continues over time, mens rea can develop during the act, satisfying the coincidence rule.
• What case illustrates the continuing theory of the coincidence principle?

  fagan v metropolitan police commissioner 1968
• what is the transaction approach to the principle of coincidence?

  It is the approach to coincidence that says If a series of acts are linked to a common unlawful purpose, mens rea from the first act can apply to later acts, satisfying the coincidence rule.