Mens Rea

• elements of mens rea

  murder - express malice aforethought =intent to kill

  implied malice aforethought =intent to cause gbh

  both sufficient for murder R v Vickers
• elements of mens rea (2)

  gbh - include broken limbs or psychiatric injury (s18+s20)

  "really serious harm" R v Smith

  omit serious (R v Saunders)

  judge can decide on really (Jonjua v Choudhury)

  recklessness - murder can't be committed recklessly
• intention

  direct- defendants aim, purpose or desire to cause the result (R v Maloney)

  made decisions to bring about consequences (R v Mohan)

  
  

  oblique- result was virtually certain, and the defendant was/should've been aware (R v Woolin)
• other/sentencing

  euthanasia- life

  assisted suicide-14yrs max suicide act 1961

  sentencing

  murder-life-on license and if released can be recalled for any further offences. judge sets minimum term imprisonment

  18+ mandatory life, 10-17 detained at his majesties pleasure. Voluntary manslaughter- lower sentence

  3 stages

  1.whole life for premeditated killing of 2 or more, sexual or sadistic child murder, or politically motivated (never released)

  2. 30 minimum for murders of police, involving firearms, sexual, sadistic, aggravated by race/sexaul orientation

  3. 15 minimum for all other murders
• transferred malice 


  mens rea can be transfered from intended to actual victim. (Latimer)

  General malice- may not have specific victim in mind, mens rea for actual victim

  doesn't have to fail in intention/recklessness before they're liable (R v Larsonner)
• contempraeity (coincidence) rule


  actus reus and mens rea need to coincide

  Fagan v MPC - sat in car, police told him to move. Rolled onto foot of officer then refused not to move. deciding not to move = continuous act
• negligence

  failure to meet standards of a reasonable person/omission to do something

  "Which a prudent and reasonable man would not do" Blyth v Birmingham Waterworks

  rarely sufficient for men's rea except

  •gross negligence manslaughter

  •statutory offences e.g. s3 Road traffic act- negligent driving = criminal liability
• recklessness

  knows there's a risk but takes it anyway

  R v Cunningham- subjective test, knowing about a risk and taking it = subjective recklessness

  MPC v Caldwell- HoL created Caldwell test

  G and Another- now use cunningham test
• intention 1

  specific intent- decided to bring about illegal consequences

  foresight of consequences (R v Woolin)

  motive- not intent and not relevant

  • if D was intending something else, But for saw that they would also cause prohibited consequences is guilty

  • For murder virtually certain that death or serious injury will be caused
• R v Moloney 


  Shot stepfather in quick on the draw foresight not intention but evidence of intention
• R v Hancock and Shankland 


  Miner drop concrete on road and killed taxi driver

  there was greater probability of consequence more likely to be foreseen
• R v Nedrick


  Poured paraffin through letterbox child died from fire

  not entitled to infer intention unless harm is a virtual certainty
• R v Woolin 


  Through baby at Pram but hit the wall

  not infer intention-> find
• Re A 


  Wanted to operate unconjoined twins knowing one would die thought woollin made foresight =intent
• R v Matthews and Culleynes 


  Threw the victim into river and he drowned.

  foresight ≠ intention

  If jury decides defendant foresaw virtual certainty of death or serious injury they are entitled to find intent
• intention reform (1)

  intention not defined, law commission suggested

  draft criminal code

  1. circumstance he hopes/knows/will exist

  2. result he acts either to bring about or being aware that it will occur in ordinary course of events
• criticism (1)

  1. Blurred intent with recklessness

  2. Didn't care for situation where Ds main purpose wouldn't be achieved

  3. Person can be held to intend a result it was their purpose to avoid
• reform (2)

  1. Purpose to cause it

  2. Not purpose to cause it, knows it would occur in ordinary cause of events (found to be too broad) if he were to succeed in causing another result
• reform (3)

  1. Intended to result they set out in order to bring about

  2. If judge believes Justice may not be done unless given an expanded definition the jury should be directed that intent to bring about a consequence is found if they thought the result was a virtually certain consequence