mens rea

• What is mens rea?

  The guilty mind. The state of mind of D at the time of the offence.
• What are the two types of mens rea?

  Intention and Recklessness
• What is the case for direct intention + legal principle?

  R v Mohan - A decision to bring about the offence
• When is Indirect/ Oblique intent used?

  It is used when direct intent is unclear/can't be proven from evidence. Therefore the judge will direct he jury in accordance with the Woolin direction.
• What is the Woolin direction?


  From the case of R v Woolin, this is where the jury may find intention if:

  a)serious injury is virtually certain from D's act

  or

  b)D can appreciate the fact
• what is recklessness?

  Taking an unjustifiable risk and carrying on regardless.
• What case provided that the recklessness was subjective?

  R v Cunningham - D takes an unjustifiable risk and reasonably can foresee the risk of some harm.
• What case confirmed subjective recklessness?

  R v Savage - D for S.20 only has to foresee the risk of some harm
• When is transferred malice used?


  When the actual victim is different from the intended V provided the MR attaches to the crime and not the victim, but it is the same crime that happened when intended on D.
• What two cases show Transferred malice + legal principle?

  Latimer and Mitchell - D's MR transferred from his intended V to his unintended V.