Mens Rea

• Definition

  • Mental intent behind the crime
• Levels

  1. Intention
  2. Recklessness
  3. Negligence
  4. Knowledge
• Intention

  • Specific/direct intent = D aim or purpose (R v Mohan)
  • Indirect/oblique intent = D had other aim bugt virtually certain
• Recklessness

  • Used for assault, ABH, GBH etc
  • Objective recklessness = no longer used
  • Subjective recklessness = (Cunningham 1957) - when D would be held to be reckless if he/she had forseen a risk + decided to take a risk regardless
• Gross negligence

  • Negligent if fail to meet standard of reasonable person
  • Only used for manslaughter
• Knowledge

  • Strict liability - don't require mens rea
• transferred malice

  • Latimer 1986
  • D guilty if intended to commit a similar crime but against different victim
• Coincidence rule

  • AR + MR must coincide at some point
  • Courts developed principle 'continuing act' (R v Church)