OCR mens rea

what is the definition of mens rea?
the mens rea of criminal offence examins the state of mind of the defendant at the time of committing the offence.
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what is the case of R v clarke?
where a woman transferred some shopping into her bags without paying for them. she was able to show that she suffered from absent mindnessness due to depression therefore she had no mens rea for theft.
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what is the level of mens rea?
the only exception of mens rea are strict liability. these offences do not require proof of mental element.
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what are the levels of mens rea?
to be guilty beacuse must have at least the minimum level of mens rea required for the offence. the highest level of measure is intention. the other types are recklessness negligence and knowledge.
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what is the definition of intention?
a decision to bring about insofar as it lies with the accused's power no matter whether the accused desired that consequence of his act or not.
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what is intention?
where the defendants motive or reason for doing the act is not relevant the important point is that the defendant decided to bring about the prohibited consequence.
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what is the definition of direct Intent?
when the person intends the specific consequence to occur to the specific person.
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what is oblique Intent?
when the defendant intends one thing but the actual consequence which occurs is another thing.
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what is the case of Hancock and shankland?
where the defendants were miners on strike and they try to prevent another manner from going to wake by pushing a concrete block from the Bridge onto the road along which you was being driven to work by taxi. the blocks truck the windscreen of the
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what is foresight of consequences?
weather defenseman in was not the prohibited conseque
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what is the case of moloney?
d and his stepfather were drunk. they were talking and laughing and then there was a short defend the police in that they here just murdered his stepfather do you said that they had been seeing who was the faster at loading and firing a shotgun.
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what was the case of nedrick?
do you had a grudge against a woman so he poured paraffin through the letterbox of her house and set it alight. a child died in the fire he was convicted of murder but the court of Appeal conviction.
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what was the case of woollin?
defendant through his 3-month old baby towards his prime which was against the wall some 4 feet away the baby suffered head injuries and died.
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what were the problems with the decision of woollin?
the word is used in section 18 of the criminal justice act and this presumably why it was using nedrick. another problem is whether the use of the word find means that foresight of consequences is intention and not merely evidence of it.
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where is foresight of consequences involved?
natural and probable consequence , difficulty for Jurors in applying tests after cases , the change of women from inferring intention to finding intention.
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what is an example of natural and probable consequences?
a natural consequence of sexual intercourse is that a girl becomes pregnant however it is not a probable consequence pregnancy or during a small percentage of cases.
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what is the difficulty of jurors applying the law?
jurors had to be directed on the level of probability the law was left in this state which made it difficult for just to explain it to join us and for jurors to apply the law.
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what is subjective recklessness?
subjective recklessness cases where the defendant nos there is a risk of the consequence happening but take that risk.
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what is the case of Cunningham?
detour gas metre from the wall of an empty house in order to steal some money in it this cause gas to seep into the house next door where a woman was affected by it. it was held that he was not guilty and since he did not realise the risk of gas.
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continue with the case of Cunningham.
the offence involved in Cunningham uses the word malicious led to indicate the mens rea required.
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what are the offences for which recklessness is sufficient for the mens rea?
assault and battery assault occasioning actual bodily harm and malicious wounding.
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what is negligence?
a person is negligent if he or she fails to meet the standards of the reasonable person. one form of manslaughter can be committed by gross negligence.
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what is the concept of strict liability?
strict liability offences are those offences when measuring is not required to be proved in respect of at least one aspect of the actus Reusstrict liability offences are those offences when measuring is not required to be proved in respect of at leas
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what is the pharmaceutical society of Great Britain V storkwain Ltd case?
he was charged under section 58 of the Medicines Act which states that no one shot apply certain drugs without a doctor's prescription. they had supplied drugs on prescriptions but the prescriptions were later found out to be forged.
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what is No fault?
the actress raise must be proved and defendant's conduct in doing the actus Reus must be voluntary.
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what is the case of Callow v tillstone?
a butcher last event to examine a carcass to see if it was fit for human consumption shin the vet assured him that it was alright to eat and so the Butcher offered it for sale in fact it was unfit and he was convicted of the offence and exposing unso
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what points have to apply to be held of strict liability?
the defendant must be proved to have done the exercise this must be voluntary act there is no need to prove mens rea no due diligence defence will be available and the defence of mistake is not available.
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how to do judges presume of mens rea?
the first rule is that where an act of Parliament includes words indicating measures such as knowingly or intentionally maliciously or permitting.therefore it's not one of strict liability.
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what is the sweet V parsley case?
d rent a farmhouse on let it out to students the police found cannabis at the Farmhouse and he was charged with being concerned in the management of premises used for the purpose of smoking resin. didn't know that the cannabis was being smoked.
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what is the gammon tests?
in gammon the apartments have been charged with deviating from building work in a material way from the approved plan. the Privy Council started with the presumption that measures required before a person can be held guilty of a criminal offence
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what where the four factors of the gammon test?
the presumption can only be displaced if this is clearly or by necessary implication the effect of by statute. the presumption is particularly strong whether the offence is truly criminal. the presumption can only be displaced if the statute is conce
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what are regulatory offences referred to?
quasi- crimes
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what do regulatory offences include?
selling food the selling of alcohol building regulations sales of lottery tickets regulation preventing pollution.
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what is a case to show regulatory offence?
alphacell Ltd V Woodward. the company was charged with causing polluted matter to entering a river when pumps which it had installed failed causing polluted effluent to overflow into the river.
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what are the issues of social concern?
the type of crime and whether it is truly criminal or link to another conditions laid down by the case of gammon that is the question of whether the crime involving issue of social concern.
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what is the case of r v Blake?
he was a disc jockey who was convicted of using station for wireless telegraphy without a licence is defence was that he believed he was making a demonstration tape and did not know he was transmitting.
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wood strict liability promote enforcement of the law?
if making the events one of the strict liability would not help law enforcement than there is no reason to make the offence of strict liability.
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what is transferred malice?
this is the principle that the defendant can be guilty if they intended to commit a similar crime but against a different victim,
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what is the case of Latimer?
D aimed a blow with a belt at a man in a pub because the man had attacked him the belt bounced off the man and a woman in the face.
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what is general Malice?
in some cases the defendant may not have a specific team in mind for example of terrorists who plants a bomb in a pub.
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what is coincidence of actus Reus and mens rea?
in order for an offence to take place before the actus Reus and mens rea must be present at the time.
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what is the thabo meli v r case?
defendants attacked a man and believe they had killed in then they pushed his body over a look Cliff in fact that man had survived the attack but died of exposure.
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what is a continuing act?
where there is a continuing act for the Xbox racing at some point while the actor still going on the defendant has the necessary measure area than the two coincide and the defendant will be guilty.
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what is the fagin V MPC case?
a police officer told d to move his car from a spot and D moved car backwards and therefore drove over the policeman foot the policeman asked to move the car from his foot and did knowingly knowing his car was on the foot refused to move.
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Card 2


what is the case of R v clarke?


where a woman transferred some shopping into her bags without paying for them. she was able to show that she suffered from absent mindnessness due to depression therefore she had no mens rea for theft.

Card 3


what is the level of mens rea?


Preview of the front of card 3

Card 4


what are the levels of mens rea?


Preview of the front of card 4

Card 5


what is the definition of intention?


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