elements to a crime: Men's rea

• what is meant by men's rea?

  the guilty mind, intention aspect of a crime
• what are the two types of men's rea?

  Intention and recklessness
• what are the two types of intention?

  Direct and oblique
• what is meant by direct intention?

  Where the D intends to bring about a specific consequence
• what case gave the definition of direct intention?

  r v mohan
• what is oblique intention?

  Where the D doesnt have a specific aim, purpose or desire in mind- however the D sees the consequnce as virtually certain.
• what case gave the definition of oblique intention?

  r v woollin
• what is transferred intent?

  Where the Defendant intends to harm one person, missess and harms the victim instead- in this case, they will have the men's rea for the first person but the actus reus for the victim.
• What is the significance of the cases of r v latimer and r v mitchell?

  Both illustrate transferred intent
• What is the significance of r v pembilton?

  It shows that intention cannot be transferred from person to property
• what is subjective recklessness?

  The concious taking of an unjustifiable risk.
• What is the D doing in being subjectively reckless?

  They have recognised the risk, thought about it and still went onto to take the risk. As such, reasonableness is irrelevant
• What is the signfifiance of r v cunningham?

  It defined what it means to be subjectively reckless
• what is the idea of coincidence in terms of men's rea and actus reus?

  Normally, both the actus reus and men's rea happens at the same time, however both dont need to happen at the same time but they both must be present in the crime.
• What is the significance of the case of r v thabo meli?

  it is an example of coincidence being an issue
• What is the significance of the case of Fagan V MPC?

  It is another example of coincidence being an issue