Mens Rea

What is the mens rea of preliminary offences?

• The mens rea of a preliminary offence is intention hhhb .

What is the case of R v Walker and Hayles ?

• Facts: The defendants threw the victim out of the window of a block of flats.

• Held: This case confirms that attempted murder can be committed with the mens rea of oblique intention to kill.

What is conditional intent ?

• A conditional intent may arise if for example instead of having a specific object in mind the defendant intends to take anything worth stealing.

• This may be enough to make them liable for an attempted offence.

What is the case of R v Husseyn ?

• Facts: The defendant and another man were by a van with diving equipment, planning to steal anything valuable. They ran when the police came.

• Held: The defendant's conviction for attempting to steal the diving equipment was quashed on appeal because he was charged with that specific item, while his true intention was to steal anything.