Law 5110 Study Guide - Quiz Guide: Special Relationship, Mens Rea, Fide
Document Summary
Elliot & f. quin - mens rea, recklessness and negligence (english law, mens rea. Subjective test - looking at what actual defendant was thinking (preferred). Objective test - looking at what reasonable person would have thought in defendant"s position: intention. Indirect intention (oblique intention) - undesired consequence, but it is virtually certain to happen and the actor realizes this, but goes ahead anyway. R v woollin- some offences need not more than direct intention to create liability: recklessness. R v cunningham (1957) - subjective test of negligence - accused must have had the required foresight. Mpc v caldwell (1981) - objective test of negligence (abolished in 2003 by r v g and another): Loophole in caldwell: blameworthy conduct could escape liability - consider there was a risk, but wrongly conclude there is not. R v reid - loophole only applies due to a bona fide (genuine, honest) mistake, but grossly negligent mistake would still be reckless.
