MENS REA

• What is subjective recklessness?

  D realises there is an unjustifiable risk of the outcome occurring, yet D still runs the risk
• Why was D not reckless in R v Cunningham?

  D did not foresee the gas leak would enter the neighbour’s house
• What is direct intent?

  When a person has the aim, desire, or purpose to bring about a outcome that they desire
• Why was there direct intent in R v Mohan?

  D had the intent to hit the officer by accelerating sharply
• What is oblique intent?

  The prohibited outcome is virtually certain, despite being undesired, and D realises this
• How was gross negligene defind in R v Adomako?

  The extent to wich D’s conduct departed from the proper standard of care involving a risk of death
• What is meant by transferred malice?

  When D’s prohibited action is given to the actual victim rather than the intended victim that they have the mens rea for
• Why was D not criminally liable in R v Pembilton?

  The mens rea in respect of people can’t be transferred to property
• What is the virtual certainty test?

  Do the jury feel that death or serious injury was the virtually certain result of D’s voluntary act?

  Did D foresee that death or serious injury was the virtual certain result of their act?
• What is strict liability? What case exemplifies thi?

  Where there is no requirement for mens rea for all of the actus reus

  Pharmaceutical Society of Great Britain v Storkwain Ltd shows this
• What is the exception to strict liability cases?

  State of affairs cases - where no mens rea is required at all for the offence and D acts involuntarily

  Highlighted in Larsonneur and Winzar
• How dow e know that an offence is one of strict liability?

  An Act of Parliament will make it clear whether mens rea is not required, making the offence one of strict liability
• How is offence decided to be one of strict liability?

  Whether the offence is ‘truly criminal’ in character

  Whether the creation of strict liability will be effective in promoting the prohibition of the act

  If the statute is concerned with an issue of social importance