OCR law - mens rea

Cards (9)

What is mens rea?
The mental element of an offence
What did Mohan define intention as?
A decision to bing about, in so far as it lies within the accused power (the prohibited consequence), no matter whether the accused desired that consequence of his act or not
What is oblique intention?
consequence must e virtually certain and the d realised this
R v woollin
What is subjective recklessness?
*Lower level of MR than intention*
it’s where the d takes an unjustifiable risk and realises this
r v Cunningham
What is negligence?
-duty- breach- damage must be proven
-the jury must find the conduct of the d was so bad as to mount to a criminal act or omission
what is strict liabilty?
no mens rea is required
pharmaceutical society of Great Britain v storkwain Ltd
what is a no fault? 
even though the d was totally blameless in respect of the consequence, they still can be convicted
callow v tillstone
what is due diligence? 
where the d has done all in his power not to commit an offence
harrow LBC v shah shah
what are the points to apply when an offence is held to be strict liability? 
The d must be proven to have done AR
this must be voluntary
no need to prove MR
no due diligence defence will be available
the defence of mistake is not available