Criminal 3 - mens rea Practice Questions And Answers Graded A+.
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Module
HMEMS
Institution
HMEMS
Functions of MR(5) - correct answer 1. Chan and Simester point to four functions of mens rea
2. Fault
3. Identifying the wrong
4. Fair warning
5. Limiting criminalisation
Fault and MR (3) - correct answer 1. actus non...
Criminal 3 - mens rea
Functions of MR(5) - correct answer 1. Chan and Simester point to four functions of
mens rea
2. Fault
3. Identifying the wrong
4. Fair warning
5. Limiting criminalisation
Fault and MR (3) - correct answer 1. actus non facit reum nisi mens sit rea, in the
maxim of Lord Coke
2. Lord Hailsham translated this as: 'An act does not make a man guilty of a crime, unless his mind be
also guilty' in Haughton v Smith
3. Correspondence
Fault and fair warning - correct answer For Hart, this was the essential function of
mens rea
How much fault needed? (2) - correct answer 1. the 'thin ice principle', as Ashworth
calls it; those that sail too close to the wind may be caught out
2. Gardner: 'MR principle' - cannot commit wrongs without awareness of wrongfulness of what one is
doing
Four main types of MR - correct answer Intention, knowledge, recklessness,
negligence
Stark on MR (2) - correct answer 1. Need clarity and definitions
2. Courts repeatedly restrict definitions of MR to particular offences - as in r V Woollin and R v G
Motive (3) - correct answer 1. Irrelevant
, 2. Norrie: otherwise the courts would have to consider what is a good reason to break the law
3. R v Chandler - intending to protect state no excuse for crime
Effect of intention - correct answer Horder describes intention as more than a mere
fault indicator; it changes the normative nature of conduct
Definition of intention (2) - correct answer 1. As Lord Bridge remarked in R v
Moloney, the judge should not confuse the jury; it should be down to their good sense what intent
means.
2. Glanville Williams remarks it to be 'lamentable' that English law has struggled to define such a basic
concept after nearly a thousand years of legal development
Two forms of intention - correct answer Direct intention and indirect / oblique
intention
Academic definition of direct intention - correct answer Duff: test of failure, if it had
not come about would the defendant had seen their action as a failure
Another author on defining intention - correct answer Norrie:law is continually
undermined by its failure to adopt consistent definitions
Initial position on intention - correct answer Shaw v DPP: objective, D intends the
reasonably foreseeable consequences of their actions
Middling position on intention (8) - correct answer 1. Hyam v DPP
2. Bare majority of lords: a probable consequence is intended
3. But disagreement as to highly probable, probable, or serious risk
4. Lord Hailsham LC (dissenting): intention is to be distinguished from desire and foresight
5. Hailsham: Knowledg and foresight only raised an inference of intention
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