Mens Rea

Mens Rea

the mental element for a persons intention to commit a crime
1. (guilty mind)
2. establishes whether a crime was committed with a criminal mind
3. intention, recklessness and negligence
general rule
1. someone who acted without mental fault is not liable in criminal law
2. exceptions are strict liability crimes
civil law
1. usually not necessary top prove a subjective element to establish liability
2. tort is unintentionally breached
  1. such intent may increase the scope of liability
direct intent
1. did D decide to bring about the prohibited concequense
2. easiest form to identify
3. covers situations where D desires particular outcome to occur
4. R v Byrne (1960)
oblique intent
1. where D may not actually desire a particular outcome
2. most difficult form to prove
3. R v Woollin ( 1998 )
specific intent offences
1. offences that require intention for Mens Rea, and nothing less will suffice
2. usually murder, rape, theft and GBH
basic intent
1. all other offences which anything less than intention is required
2. based around recklessness or negilence
3. e.g: assault, manslaughter and ABH

Resource summary

	Created by holly milham about 5 years ago