MENS REA mindmap LAW 03
- Created by: abic1
- Created on: 22-02-18 17:21
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- MENS REA
- state of mind of the person committing the crime
- judge made law
- prosecution have to prove high degree of blameworthiness
- only guilty if had intention to commit crime in question
- INTENTION
- S18 GBH: intention to cause grievous bodily harm
- MURDER: intention to kill or cause GBH
- THEFT: with intention to permanently deprive the other of it
- RECKLESS
- S39 ASSAULT: intentionally or recklessly commit actus reus
- S39 BATTERY: intentionally or recklessly apply physical force
- S47 ABH: intentionally or recklessly cause an assault or battery
- S20 BH: intentionally or recklessly cause some harm
- defendant sees a risk of the consequence but takes it anyway: CUNNINGHAM
- motive = intention
- defendant has to hope motive is considered in sentencing
- DIRECT INTENTION
- defendant's main purpose was to bring about consequence: MOHAN
- INDIRECT INTENTION
- consequence was not defendant's main purpose: DPP v SMITH
- objective test decided by the jury using reasonable man test
- would an ordinary reasonable man in similar circumstances have contemplated the end result?
- defendant may not be reasonable man due to mental health: LAW COMMISSON
- S8 CRIMINAL JUSTICE ACT 1967
- intention should be assessed subjectively
- jury must decide what the defendant foresaw
- if the defendant foresaw death or GBH as a consequence it is only evidence of intention
- NEDRICK 1986
- jury can infer intention if they want
- if death or serious harm was a virtual certainty
- and the defendant apprecaiated this
- WOOLIN followed precedent set in NEDRICK
- foresight is only evidence of intention, awareness death was inevitable provided evidence: MATTHEWS & ALLYENE 2003
- MALICIOUS
- intentionally or recklessly: CUNNINGHAM
- TRANSFERRED MALICE
- mens rea is transferred to marry with actus reus: LATIMER
- cannot transfer mens rea from person to object, or from object to person: PEMBLITON
- if mens rea and actus reus weren't for the same crime, defendant is not guilty
- COINCIDENCE OF ACTUS REUS & MENS REA
- both actus reus and mens rea must be present at time of offence
- 2 exceptions
- CONTINUING ACT
- actus reus can be a continuing act: FAGAN
- SERIES OF ACTS
- series of acts can be seen as one transaction: CHURCH
- sufficient enough for mens rea to be formed at some time: THABO MELI
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