Mens Rea

?
What is direct intent?
Defined in R v Mohan as the decision to bring about a prohibited consequence.
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What is indirect intent?
Where aim of the D is different to the actual consequence. R v Woollin established the virtual certainty test
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What is recklessness?
Defined in R v Cunningham as when the D realises there is a risk but takes that risk anyway.
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What is the coincidence rule?
In order for D to be guilty of offence, AR and MR must happen at same time - Fagan v MPC
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What is transferred malice?
Where the D intends to commit a similar offence against one person but instead commits is against another. Must be the same or similar - Latimer.
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What is strict liability?
Where the D is guilty of an offence for just committing the AR, no need for MR - HLBC v Shah.
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What is absolute liability?
Where the D doesn't need an AR or MR to be guilty. - R v Larsonneur.
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What happens if it is not clear is an offence is strict liability?
Court will presume mens rea is required - Sweet v Parsley.
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Reasons against strict liability?
Makes people who are not blameworthy guilty of an offence, even if all possible care has been taken - HLBC v Shah.
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Reasons for strict liability?
Protect society by promoting greater care in matters of public safety - R v Blake, encourages higher standards in things such as hygiene - Alphacell v Woodward, easier to enforce, saves court time as people more likely to plead guilty.
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Mens Rea
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Other cards in this set

Card 2

Front

What is indirect intent?

Back

Where aim of the D is different to the actual consequence. R v Woollin established the virtual certainty test

Card 3

Front

What is recklessness?

Back

Preview of the front of card 3

Card 4

Front

What is the coincidence rule?

Back

Preview of the front of card 4

Card 5

Front

What is transferred malice?

Back

Preview of the front of card 5
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