mens rea

What is mens rea?

The mental element of a crime.

What are the main forms of mens rea?

Intention, recklessness and sometimes knowledge/belief.

What is direct intention?

Where a consequence is D's aim, purpose or desire.

Which case defines direct intention?

Mohan (1976).

Facts of Mohan?

Drove a car at a police officer. Direct intention exists where a result is D's aim or purpose.

What is oblique intention?

Where the result is not D's aim but is virtually certain to occur.

Which case established the modern oblique intention test?

Woollin (1998).

What is the Woollin test?

The jury may find intention if death or serious injury was a virtual certainty and D appreciated that fact.

Which case first discussed virtual certainty?

Nedrick (1986).

Facts of Nedrick?

D set fire to a house and a child died. Virtual certainty could amount to intention.

What is recklessness?

Consciously taking an unjustified risk.

Which case established the modern test for recklessness?

R v G (2003).

What is the R v G test?

D must actually foresee a risk and unreasonably take it.

Facts of R v G?

Two boys started a fire. They did not foresee the risk, so were not reckless.

Which case established the old objective recklessness test?

Caldwell (1982).

Why was Caldwell overruled?

It unfairly convicted people who did not actually foresee the risk.

What is subjective recklessness?

D actually foresaw the risk.

What is objective recklessness?

D ought to have foreseen the risk.

What is transferred malice?

D's mens rea can transfer from the intended victim to the actual victim.

Which case established transferred malice?

Latimer (1886).

Facts of Latimer?

D struck one person but hit another. Intent transferred.

What is coincidence of AR and MR?

The actus reus and mens rea must occur at the same time.

Which case established the continuing act principle?

Fagan v MPC (1969).

Facts of Fagan?

D accidentally drove onto a police officer's foot but then refused to move. The act was treated as continuing.

Which case established the single transaction principle?

Thabo Meli (1954).

Facts of Thabo Meli?

Ds thought victim was dead and disposed of the body. The events were one transaction.

What is strict liability?

An offence where mens rea is not required for one or more elements.

Which case concerns strict liability and age?

Prince (1875).

Facts of Prince?

D took a girl believed to be older than she was. Liability despite mistake as to age.

What is a mistake of fact?

A mistaken belief about facts which may negate mens rea.

When can a mistake provide a defence?

When it prevents the required mens rea from being formed.

Which case shows an honest mistake can be a defence?

Williams (Gladstone) (1984).

Facts of Williams?

D honestly believed he was preventing a crime and lacked mens rea.

What is intention for murder?

Intention to kill or cause GBH.

Which case established that intent to cause GBH is enough for murder?

Vickers (1957).

Facts of Vickers?

Intent to cause serious injury is sufficient mens rea for murder.

What is Cunningham recklessness?

Foreseeing a risk and going ahead anyway.

Which case established Cunningham recklessness?

Cunningham (1957).

Facts of Cunningham?

D tore a gas meter from a wall and gas escaped into a neighbouring property.

What are the two elements of recklessness under R v G?

Foreseeing the risk and unreasonably taking the risk.

Which offences commonly require recklessness?

Criminal damage, assault, battery and some non-fatal offences.

What is knowledge?

Awareness that a fact or circumstance exists.

What is belief?

Acceptance that something is true even if it later proves false.

What is the difference between direct and oblique intention?

Direct intention is D's aim; oblique intention concerns virtually certain consequences.

What is the difference between intention and recklessness?

Intention aims at a result; recklessness foresees a risk of a result.

What are the key mens rea cases?

Mohan, Nedrick, Woollin, Cunningham, Caldwell, R v G, Latimer, Fagan, Thabo Meli, Vickers.

What is the mens rea for theft?

Dishonesty and intention to permanently deprive.

What is the mens rea for robbery?

The mens rea for theft plus intention to use force to steal.

What is the mens rea for burglary s9(1)(a)?

Intention to steal, inflict GBH or cause criminal damage at the point of entry.

What is the mens rea for criminal damage?

Intention or recklessness as to the damage.

What is the mens rea for murder?

Intention to kill or cause GBH.