mens rea

• What is the Latin phrase that relates to mens rea?

  Actus non facit reum nisi mens sit rea
• What does mens rea refer to in law?

  The guilty mind of an offender
• What must be distinguished from mens rea?

  A genuine accident and taking an unjustified risk
• What is required for theft in terms of mens rea?

  D must act dishonestly and with intent
• What intent is required for murder?

  D must have intent to kill or cause GBH
• What are the two distinct meanings of intent in law?

  Direct intent and indirect intent
• What is direct intent?

  D sets out to achieve a particular result
• What is indirect intent?

  D did not want the result but it was virtually certain
• What happens if D did not intend the result but it was virtually certain?

  D has indirect intent
• What must the jury consider in indirect intent cases?

  How probable was the consequence and did D foresee it?
• What was the outcome of the Nedrick case?

  The jury must consider if death was virtually certain
• What did the House of Lords decide in the Moloney case?

  D intended to kill if death was a natural consequence
• What was the outcome of the Hancock and Shankland case?

  Probability of consequence must be considered
• What did the Woollin case establish regarding intent?

  The consequence must be virtually certain for intent
• What was the outcome of the Matthews and Alleyne case?

  The jury can find intent but do not have to
• What is recklessness in law?

  D takes an unjustified risk and realizes it
• What must D intend or be reckless in causing for ABH?

  D must have intended or been reckless in causing ABH
• What did the Cunningham case define regarding recklessness?

  D must foresee the risk and continue taking it
• What was the outcome of the G and R case regarding recklessness?

  The subjective test for recklessness was applied
• What confusion existed before the G and R case?

  There was a second objective test for recklessness
• What are the key types of mens rea?

  • Intent
  • Direct intent
  • Indirect intent
  • Recklessness
• What are the key cases related to mens rea and their significance?

  • Moloney 1985: Intent inferred if death is a natural consequence
  • Nedrick 1986: Jury must assess probability and foreseeability
  • Woollin 1998: Consequence must be virtually certain for intent
  • Matthews & Alleyne 2003: Jury can find intent but not required
  • Cunningham 1957: Defined recklessness as foreseeing risk
  • G & R 2003: Applied subjective test for recklessness