LAW135 - Lecture 4: Introduction to Mens Rea (MR) Complete Assignment Questions Answers.

What is the usual translation of Mens Rea? - correct answer Guilty mind What does MR essentially do? - correct answer Mens rea turns the conduct from being merely harmful to substantively criminal. What does MR distinguish between? - correct answer MR is what distinguishes between harmful conduct and wrongful conduct. What is essentially MR about? - correct answer MR is about the defendant's mental state and what their reasoning and understanding is. It is also about their foresight; the content of their cognition, both in terms of knowledge and in terms of impulses. is MR subjective or objective, and why? - correct answer MR is subjective. This is because it is what is going on in the defendant's head. What does it mean when people talk about a 'mens rea principle'? - correct answer They are talking about the notion of a subjective mental element within the defendant's mind. Who said the following quote concerning MR? "In order to satisfy rule of law standards, an offence must have a (subjective) mens rea requirement in order to alert D to the fact that he is about to violate the law: some element of mens rea is needed in order to give fair warning, which would be absent if offences could be committed accidentally". - correct answer John Gardener said this quote in 2005. What is a significant quote by legal philosopher Gardener in regards to MR (2005: 70)? - correct answer "In order to satisfy rule of law standards, an offence must have a (subjective) mens rea requirement in order to alert D to the fact that he is about to violate the law: some element of mens rea is needed in order to give fair warning, which would be absent if offences could be committed accidentally": Gardner 2005: 70). Who said the following quote concerning MR? "The criminal law ought not to be used to criminalise the merely stupid or irrational" - correct answer Professor Victor Tadros said this quote in 2005. What is a significant quote by legal philosopher/professor [Victor] Tadros in regards to MR (2005: 239)? - correct answer "The criminal law ought not to be used to criminalise the merely stupid or irrational": Tadros 2005: 239 What is a [philosophical] problem with MR? - correct answer Philosophical solipsism: how do you know another's mind? We can see, hear, determine by looking at the accounts, that the AR has taken place: how do we see the MR? Well, we have to do this by evidence which allows for implication that we can adduce. NB: Solipsism holds that knowledge of anything outside one's own mind is unsure; the external world and other minds cannot be known and might not exist outside the mind. Cite a civil case quote regarding MR - correct answer "The state of a man's mind is as much a fact as the state of his digestion": per Bowen LJ, Erdington v Fitzmaurice (1885) 29 Ch D 459 This quote was concerning whether or not someone had done something with malice. Lord Bowen's approach to people's minds does not look to the philosopher's approach to people's minds. What is a key tension we will see as MR elements have developed? - correct answer We will see a tension between the objective and the subjective. There is a clear distinction between the pure theory of subjectivity and the way in which the courts in practice have been led to interpret MR elements. We will see this in: - strict liability - rape and honest/reasonable belief Briefly explain what a strict liability offence is - correct answer A strict liability offence is an offence without any MR at all Name at least 6 forms of MR - correct answer 1. Intention (characteristic of the most serious offences - they require intent) 2. Recklessness 3. Dishonesty 4. Knowledge/belief/suspicion 5. (Gross) negligence 6. Strict liability Give an example of the INTENTION form of MR - correct answer Murder requires you to intend to do two possible things: 1. to intend to kill 2. to intend to cause grievous bodily harm (GBH) Most serious of assaults that is causing GBH under section 18 of the Offences Against the Person Act 1861 Give an example of the KNOWLEDGE/SUSPICION/BELIEF form of MR - correct answer Handling stolen goods requires the defendant to know or suspect that the goods are stolen "Knowing or suspecting" Money laundering offences A key MR element in rape/other sexual offences is the belief or lack of belief in consent Give an example of the RECKLESSNESS form of MR - correct answer Not in the same categories of offences that you get intention but it is going to be for the lesser offences or it is going to be a lesser way of committing an offence. E.g. criminal damage - you can intend or be reckless as to damaging stuff and whether stuff that is someone else's. Middle range assault offence: there is a clear contrast between section 18 of the Offences Against the Person Act 1861 which requires intent and Section 20 which has the same result of causing or inflicting GBH but only requires recklessness. Which section of the Offences Against the Person Act 1861 requires intent? - correct answer Section 18 of the Offences Against the Person Act 1861 Which section of the Offences Against the Person Ac