Mens Rea

• The mens rea is the mental element of a crime, "the guilty mind".
• There are three ways to prove the mens rea.

  1. Direct intention
  2. Indirect/Oblique intention
  3. Recklessness
• Intention is "a decision to bring out the commission of an offence".
• Intention is the purpose of the act, and what the D wants to happen.
• Moloney: Direct Intention. "A true desire to bring out the consequences".
• Chandler v DPP: "Intention is NOT motive"
• Indirect (Oblique) intention is that the D accepts the crime as an inevitable side effect of his direct intention.
• Indirect intention is not their aim, but something will happen.
• Woollin test is the test for indirect intention.
• Foresight of consequences doesn't prove intention but is evidence for the jury.
• Hancock and Shankland: The more likely the outcome is to happen, the stronger the evidence for intention is.
• Cunningham: Recklessness