Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
30 Cards in this Set
- Front
- Back
|
what are the 2 subjective MR |
Intention & recklessness |
|
|
whats the objective mens rea |
negligence |
|
|
whatre the 2 kinds of intention |
direct and indirect |
|
|
which case says intention has its ordinary meaning |
r v moloney |
|
|
which case says foresight is not intention |
Hancock and Shankland |
|
|
which case says motive is not intention |
Hales |
|
|
what is direct intention |
where achieving it is D’s purpose |
|
|
which case defines direct intention |
Cunliffe v Goodman |
|
|
which case says direct intention is a means to an end |
Mohan |
|
|
which case says drunken intent is still intent |
Majewski |
|
|
which case says D cant be guilty of an intent based offence if he had no intention but can be reckless |
Moloney |
|
|
which case defines indirect (oblique) intention |
Woolin |
|
|
what are the 3 tests to see if D has oblique intention |
1. the circumstance is of virtual certainty 2. D forsees the virtual certainty 3. jury chose to find intention |
|
|
what is recklessness |
forseeing a risk |
|
|
whats the case for subjective recklessness |
R v G and R |
|
|
whats the case for objective recklessness |
caldwell |
|
|
what is the test as defined by R v G and R |
where D is aware of the risk and it is in the circumstances known to D unreasonable to take that risk |
|
|
which case says the size of the risk is irrelevant |
Brady |
|
|
which case says how carefully the risk is considered is irrelevant |
Parker |
|
|
whats the objective element of recklessness |
that its unreasonable for D to have run that risk |
|
|
what is negligence |
an objective form of mens rea and falling below the standards of reasonable people |
|
|
what offence does gross negligence only apply to |
manslaughter |
|
|
which case introduced the continuing act approach used in cases where the AR is first and the MR follows after |
Fagan v Commissioner of Metropolitan Police |
|
|
which case introduced the ‘one transaction’ approach for offences where the AR is after the MR |
Thabo Meli |
|
|
what is transferred mens rea |
where D is liable even if the target of his MR isnt the same as his AR |
|
|
which case shows D trying to kill someone, missing and killing someone else |
Latimer |
|
|
which case shows A throwing a rock at B intending to hit but missing and breaking a window (AR & MR dont match) |
Pembilton |
|
|
what happens if A shoots at B but ends up breaking C’s window |
2 possible liabilities: 1. attempted murder 2. criminal damage through recklessness |
|
|
what happens if A shoots B in self defence but misses and shoots C |
the mens rea is transferred but so is the defence |
|
|
what happens if A thinks C is B and shoots and later finds out it was C and not B |
nothing needs to be transferred bc MR and AR are the same |
