Mens Rea

• What will students be able to do by the end of the session?

  Define mens rea and describe its types.
• What are the two types of mens rea mentioned?

  Intention and recklessness.
• What is the most blameworthy type of mens rea?

  Intention.
• Which offenses require intent as their mens rea?

  Murder and s18 offenses.
• What is direct intention?

  Where D intends to bring about a particular consequence.
• Give an example of direct intention.

  A shoots B because she wants to kill him.
• What was defined as direct intention in R v Mohan?

  Defendant's aim, purpose or desire to bring about the consequence.
• What is oblique intention?

  Where D does not have a fixed aim or desired consequence in mind.
• What must a jury recognize for oblique intention to be established?

  If a consequence is virtually certain, and D recognizes this.
• What happened in R v Woollin?

  The defendant threw his son onto a hard surface, resulting in death.
• What should the jury be directed in R v Woollin regarding intention?

  They should not infer intention unless they felt sure that death or serious bodily harm was virtually certain.
• What are the key points of the True/False quiz regarding actus reus and mens rea?

  • Actus reus is not guilty mind.
  • Actus reus must be committed voluntarily.
  • Voluntary conduct means D is in control of actions.
  • R v White: D was not guilty due to lack of factual causation.
• What is transferred intent?

  Where D intends to harm A but accidentally harms V instead.
• What is the significance of R v Latimer in relation to transferred intent?

  Intention can be transferred from D’s intended victim to D’s actual victim.
• What is subjective recklessness?

  Conscious taking of an unjustifiable risk.
• What must D recognize for subjective recklessness to apply?

  D must have recognized the risk.
• What is the relevance of R v Cunningham in relation to recklessness?

  D's actions endangered a woman's life by causing gas to escape.
• What must be proven for most offenses regarding actus reus and mens rea?

  Both actus reus and mens rea must be proven to be present at the same time.
• What flexible approach have courts adopted regarding actus reus and mens rea?

  Courts have adopted a flexible approach in problematic cases.
• What was the outcome in R v Thabo Meli regarding actus reus and mens rea?

  The Ds were convicted of murder despite their claims about the timing of actus reus and mens rea.
• What was held in Fagan v MPC regarding actus reus?

  The actus reus of the assault was a continuing act that formed a coincidence with mens rea.
• What are the key concepts related to mens rea in criminal law?

  • Mens rea: Guilty mind
  • Types: Intention (most blameworthy), Recklessness (less blameworthy)
  • Direct intention: Aims to bring about a consequence
  • Oblique intention: Recognizes a virtually certain consequence
  • Transferred intent: Intention shifts from intended victim to actual victim
  • Subjective recklessness: Conscious risk-taking