Mens Rea

• Mens rea is the mental element of a crime : 'guilty mind'
• Intention is the most serious type of mens rea and is reserved for the most serious offences
• R v Mohan [1975]


  D drove straight at a policeman. Direct Intention.
• Oblique intent is used when we can't prove D aimed to bring about consequence but it was obviously going to happen
• R v Woollin [1998]


  D threw his baby son towards his pram but hit a nearby wall and died. Oblique intention.
• Oblique intention test


  1. Was the consequence a virtual certainty? (Objective.)
  2. Did D realise this? (Subjective.)
• R v Matthews and Alleyne [2003]


  Ds threw V into a river knowing he couldn't swim. Oblique intention.

  1. It was virtually certain V would die.
  2. Ds knew this because the V told them he couldn’t swim repeatedly.
• Recklessness is the most basic level of mens rea used for the least serious crimes
• R v Cunningham [1957]


  D tore a gas meter off the wall to steal money from it, not knowing it would poison V. D acquitted because he didn’t realise the risk. Recklessness.
• Recklessness test


  Did D realise a risk and then continue regardless? (Subjective.)
• R v Latimer [1886] 


  D swung a belt at X but it hit V. D still guilty. Transferred malice.
• When does transferred malice not apply?

  When D performs actus reus of one crime while having the mens rea of another
• R v Pembliton [1874]


  D threw a stone at a group of people but it hit and broke a window instead. Transferred malice does not apply.
• Types of mens rea

  1. Intention
  2. Recklessness
• Types of intention

  1. Direct
  2. Oblique
• Direct Intention

  D aims to bring about the consequence.
• Direct intention test 


  Evidence of use of weapons, location, context, etc. (Subjective.)
• Transferred Malice

  The courts take the mens rea towards the intended V and transfer it to the actual V, meaning D is still guilty.