Mens Rea: Recklessness Prep Exam Questions With Correct Detailed Answers.
5 views 0 purchase
Course
HMEMS
Institution
HMEMS
What is recklessness? - correct answer This is a lower level of mens rea than intention. Recklessness is where the defendant knows there is a risk of the consequence happening but takes that risk. The explanation of recklessness comes from the case of Cunningham...
What is recklessness? - correct answer This is a lower level of mens rea than
intention. Recklessness is where the defendant knows there is a risk of the consequence happening but
takes that risk. The explanation of recklessness comes from the case of Cunningham (1957).
What happened in the case of Cunningham (1957)? - correct answer The defendant
tore a gas meter from the wall of an empty house in order to steal the money in it. This caused gas to
seep into the house next-door, where a woman was affected by it. Cunningham was charged with with
an offence under S23 of the Offences Against the Person Act 1861, of maliciously administering a
noxious thing. It was held that he was not guilty since he did not realise the risk of gas escaping into the
next-door house. He had not intended to cause the harm, nor had he taken a risk he knew about.
What was the result of Cunningham (1957)? - correct answer The offence involved
in Cunningham (1957) uses the word 'maliciously' to indicate the mens rea required. The court held that
this word meant that to have the necessary mens rea the defendant must either intend the
consequence or realise that there was a risk of the consequence happening and decide to take that risk.
Knowing about a risk and taking it can also be referred to as 'subjective recklessness'. It is subjective
because the defendant himself realised the risk.
The case of Savage (1992) confirmed that the same principle applies to all offences where the definition
in an Act of Parliament uses the word 'maliciously'. The Law Lords said that 'maliciously' was a term of
legal art. In other words, it has a special meaning when used in an Act of Parliament, not its normal
dictionary definition. It means doing something intentionally or being subjectively reckless about the risk
involved.
What is the relationship between intention and recklessness? - correct answer Do
not forget that if the defendant has the higher level of intention he will, of course, be guilty. For
example, if the defendant intends to punch a victim in the face, that defendant has the higher level of
intention and is guilty of a battery. It is only when the defendant does not have the higher level that
recklessness has to be considered.
What offences require recklessness to be considered? - correct answer Offences for
which recklessness is sufficient for the mens rea include:
1) assault and battery.
2) assault occasioning actual bodily harm (S47 of the Offences Against the Person Act 1861).
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller RealGrades. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R241,61. You're not tied to anything after your purchase.
