Mens Rea

• What does "Mens Rea" mean in Latin?

  Guilty mind
• What are the three types of guilty mind?

  Intention, Recklessness, Gross Negligence
• What are the two types of intention?

  Direct and Oblique intention
• What is direct intention?

  When it is the defendant’s aim or purpose to cause the result
• In the case of R v Mohan, what was the defendant's intention?

  To run over the police officer
• What is oblique intention?

  When the defendant intends one thing but causes a different consequence
• In the case of Woolin, what did the defendant intend to do?

  To throw the baby into the pushchair
• What is the virtual certainty test?

  It assesses if death or serious injury was a virtually certain outcome and if the defendant realized this
• In Matthews and Alleyne, what was the victim's ability that contributed to the ruling?

  The victim could not swim
• What does recklessness involve?

  Seeing a risk and taking it
• What is the subjective test in recklessness?

  Did the defendant themselves see the risk?
• In R v G + R, what was the context of the subjective test being restored?

  Young boys set fire to a skip
• What is gross negligence?

  Being way below the standard of a reasonable person
• In the case of Adomako, what was the defendant's profession?

  Anaesthetist
• What is transferred malice?

  When the defendant intends to harm one victim but accidentally harms another
• In R v Mitchell, what was the outcome of the defendant's action?

  An old lady broke her hip and died
• What happens if the mens rea is for a different type of offence?

  The defendant may not be guilty
• In R v Pembliton, what was the defendant's action?

  Threw a stone that broke a window
• What is the significance of coincidence in law?

  It connects the actus reus and mens rea that occur at different times
• What theory connects actus reus and mens rea in R v Church?

  The same series of events theory
• In Fagan v MPC, what was the defendant's action?

  Ran over a police officer’s foot accidentally but kept his foot there knowingly
• What are the key elements of Mens Rea?

  • Definition: Guilty mind
  • Types: Intention, Recklessness, Gross Negligence
  • Intention Types: Direct and Oblique
  • Tests: Virtual certainty test, Subjective test
• What are the implications of transferred malice and coincidence in law?

  • Transferred Malice: Intent can be transferred to an unintended victim
  • Coincidence: Actus reus and mens rea can occur at different times but still connect