Mens Rea - 1 General Mens - PowerPoint Presentation

Presentation on theme: "Mens Rea - 1 General Mens"— Presentation transcript

Slide1

Mens Rea - 1Slide2

General

Mens

rea

=

guilty mind

Not the same as motive

2 types of

mens

rea

:

Intention

Subjective recklessness

Depending on the crime, they will require D to have

either/or

one of the twoSlide3

Direct Intent

Intend to commit the criminal act

Mohan

– direct intention is

the decision to bring about the criminal consequence

D’s

aim or purpose

Direct intent is relatively straightforward to see when it is thereSlide4

Indirect or Oblique Intent

Indirect Intent = where D’s

aim is something different to the actual consequence

Woollin

– set out a test for the jury to consider where P is relying on indirect intent for

mens

rea

:

Was the consequence a

virtually certain result

of the act

Did

D know

that it was virtually certain (

subjective

)

Matthews and

Alleyne

– confirmed the test in

Woollin

but this

doesn’t prove intent

– only something from which the

jury can infer intentSlide5

Recklessness

Lower level of

mens

rea

than intent

Not for all offences – e.g. murder needs intent

Has to be Subjective

recklessness –

D must know

there is a

risk of the consequence

but takes the risk deliberately

Cunningham

– D broke a pre-gas meter to steal the money in it, with the result that the gas escaped into the next-door house. Neighbour became ill – D charged with administering a noxious substance. Court defined recklessness as:

D foresees

that the particular kind of harm might be done

D has gone on to

take the risk anyway

Do no need any ill will towards V

In the case of

Cunningham

he was found not-guilty as it could not be shown that he knew there was a risk of harming anyoneSlide6

Steps when applying Mens Rea

Is there direct intent - the decision to bring about the criminal consequence

If not, is there indirect intent?:

Was the consequence a

virtually certain result

of the act?

Did

D know

that it was virtually certain? (

subjective

)

If not, is there subjective recklessness?

Does D foresee

that the particular kind of harm might be done?

Has D gone on to

take the risk anyway?