General Elements of Criminal Liability (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
ShowHide
Practise the cards
10 cards from this deck
Mens rea meaning
Mens rea meaning
'Guilty mind' - mental element required for criminal liability
Highest level of fault in criminal law
Highest level of fault in criminal law
Intention
Direct intent test (R v Mohan)
Direct intent test (R v Mohan)
Defendant's aim and purpose to bring about the consequence
Oblique intent test (R v Woollin)
Oblique intent test (R v Woollin)
Consequence virtually certain & defendant realises this
Subjective recklessness (R v Cunningham)
Subjective recklessness (R v Cunningham)
Foresees risk of harm & unreasonably takes that risk
Strict liability offences (SLOs)
Strict liability offences (SLOs)
Offences requiring no mens rea for some or all actus reus
Transferred malice principle
Transferred malice principle
Mens rea transfers from intended victim to actual victim
Transferred malice limit (R v Pembliton)
Transferred malice limit (R v Pembliton)
Can only transfer if same type of offence
Contemporaneity rule
Contemporaneity rule
Actus reus and mens rea must occur at the same time
Continuing act doctrine (Fagan v MPC)
Continuing act doctrine (Fagan v MPC)
Conduct treated as one continuous act throughout