Mens Rea

Cards (5)

  • Introduction
    Mens Rea is the mental element of an offence, each offence has a Mens Rea; not the motive of the offence but the state of mind the defendant was in when carrying out the Actus Reus
    • For all serious crimes, there must be a Mens Rea
    • 2 types of Mens Rea; Intention and Recklessness
  • Intention
    Direct Intent
    Mohan; Defines intention as the defendant’s aim or purpose
    • Specific intent crimes can only be satisfied by intention e.g. murder; defendant’s aim or purpose is to kill the victim
    Oblique Intent
    If the defendant intends one thing but the actual consequences that occurs is different then the defendant may have oblique intent
    • Defendant foresaw the consequence as virtually certain as a result of their actions
    • Foresight of consequence is not automatically intention but is strong evidence for it
    Woolin; Nedrick
  • Specific Intent Offence - The prosecution must prove intention; can be direct or oblique intent e.g. Muder, S18 GBH/Wounding
    Basic Intent Offence - The prosecution do not have to prove that defendant had intention; can only be direct e.g. Manslaughter, assault, battery
  • Recklessness
    Where the defendant realises a risk and goes on to take the risk; Cunningham
    • Judged subjectively (what did you realise)
    • Where there is recklessness you do not have to discuss oblique intent
  • Conincidence of actus reus and mens rea
    The Actus Reus and Mens Rea of the crime must occur at the same time e.g. when defendant hits someone (the Actus Reus) and intends to hit (the Mens Rea), when they do no the courts will ensure a fair outcome by considering:
    1. Sequence of events; Thabo Meli
    2. Continuing Act Principle; Fagan V MPC