Political Science 3334E Study Guide - Quiz Guide: Untermensch, Mens Rea, Retributive Justice
7 Nov 2020
School
Department
Course
Professor
Df forms of mens rea/subjective element
• Recklessness liability in E
o unprotected = protected
o chance of infection does not play a role
o R v Konzani case 2005: females gave consent to sex with affected
man, but consent to intercourse not automatically consent to risk of
HIV
o R v Adaye 2004: defendant didn’t know he was infected but that
wife was infected, had sex with another, was convicted from shutting
his eyes from the obvious not for transmitting the disease, what
matters is attitude of perpetrator toward risk
• Why do we need mens rea
o Principle of guilt: corner stone of criminal liability: nulla poena, since
culpa
o No retributive justice wo mental attitude, punishing innocent actor is
unfair
