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Mens rea
- It means the guilty mind
- It is the necessary mental element of an offence
- It is the necessary mental element of an offence
- There are 2 main types
- Intention
- This is the worst form of mens rea
- It is the basis of many crimes
- 2 main types of intention
- Direct
- Mohan defined direct intent as the
defendants aim or purpose
- Mohan defined direct intent as the
defendants aim or purpose
- Oblique
- Oblique is found if the aim or purpose are
said to be something different to the result
- E.G to frighten rather than kill
- E.G Nedrick
- Nedrick established the virtuallly certain test
- This established whether death or GBH were virtually certain to occur
- If so was the defendant aware of this?
- If so the jury can infer that the
defendant intended to cause death or GBH
- Woollin confimed this test with a few important changes
- Changed 'infer' to 'find'
- Confusingly said
- If it was virtually certain and there
was evidence of this then it was
intention! HOWEVER...
- In the same judgement they also state it was evidence of intent
- Matthews and Allgu have since
stated that it was evidence of intent
- Matthews and Allgu have since
stated that it was evidence of intent
- In the same judgement they also state it was evidence of intent
- If it was virtually certain and there
was evidence of this then it was
intention! HOWEVER...
- Changed 'infer' to 'find'
- Woollin confimed this test with a few important changes
- If so the jury can infer that the
defendant intended to cause death or GBH
- If so was the defendant aware of this?
- This established whether death or GBH were virtually certain to occur
- Nedrick established the virtuallly certain test
- E.G Nedrick
- E.G to frighten rather than kill
- Oblique is found if the aim or purpose are
said to be something different to the result
- Direct
- This is the worst form of mens rea
- Recklessness
- Cunningham recklessness is a lower level mes rea to intention
- Cunningham recklessness was later confirmed in RvG
- It states that Cunningham recklessness is now applied to all
cases of recklessness
- It states that Cunningham recklessness is now applied to all
cases of recklessness
- Cunningham recklessness was later confirmed in RvG
- Recklessness is the taking of an unjustified risk that the defendant was aware of
- This is illustrated in the cases of
- Savage and Latimer
- In Savage was the women aware of the risk when she threw the drink?
- In Savage was the women aware of the risk when she threw the drink?
- Savage and Latimer
- This is illustrated in the cases of
- Cunningham recklessness is a lower level mes rea to intention
- Intention
- Some offences have their own mens rea
- E.G theft has the mens rea of the dishonest state of mind
- GHOSH
- GHOSH
- E.G theft has the mens rea of the dishonest state of mind
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