A level Law: Mens Rea Complete Questions And Verified Answers.
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HMEMS
What is the literal translation of mens rea? - correct answer Guilty mind.
What part of a crime is the mens rea? - correct answer Mental element of a crime.
Is ignorance of the law a defense? - correct answer ...
What is the literal translation of mens rea? - correct answer Guilty mind.
What part of a crime is the mens rea? - correct answer Mental element of a crime.
Is ignorance of the law a defense? - correct answer No, D does not have to know
that what they are doing is against the law.
What are the two levels of mens rea? - correct answer Intention and recklessness.
What level of mens rea do the most serious crimes have? - correct answer Intention
(specific).
What level of mens rea do the least serious crimes have? - correct answer
Recklessness.
What are the different types of intention? - correct answer Specific and oblique.
What is the dictionary definition of specific intention? - correct answer Aim,
purpose or objective.
What is the judicial definition of specific intention? - correct answer "a decision to
bring about... the prohibited consequence" - R v Mohan.
What is oblique intention? - correct answer When the event is a natural
consequence of a voluntary act and they foresee it as such.
It is evidence from which specific intention can be inferred.
, When does oblique intention apply? - correct answer In situations where D intends
to act but not to have the consequence.
What is the test for oblique intent? - correct answer The virtual certainty test.
What case was the test for oblique intent stated? - correct answer Stated in R v
Nedrick and confirmed in R v Woollin.
What does the virtual certainty test do? - correct answer It allows the jury to infer
specific intention if:
The outcome is a virtually certain consequence of the act and;
D knows that it is a virtually certain consequence.
The jury may infer specific intention but doesn't have to do so.
What is basic intent? - correct answer Recklessness.
Case examples for mens rea. - correct answer R v Matthews and Alleyne.
R v Matthews and Alleyne - correct answer Ds attacked V on leaving a club one
night, they stole his bankcard but could get no money as account was empty. Returned to find him,
forced him into their car and drove to a high bridge where they threw him into the river. V could not
swim (Ds knew this) and drowned. It is a virtually certain consequence that if V could not swim he would
drown, Ds knew this and so jury could infer specific intent.
What do most specific intent crimes have? - correct answer A basic intent
alternative (recklessness).
Flowchart for specific intent crimes including theft, robbery, murder and s.18 OAPA. - correct answer
Did D intend the consequence? (was it their aim, purpose or objective).
YES? - D guilty of offence.
NO? - was the outcome a virtually certain consequence, and did D appreciate this? (oblique intent).
YES? - Jury may infer specific intention:
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