7. Mens Rea

Question 1

Common Law Origins and Definitions

Answer 1

Wicked, Incorrigible, depraved, wanton, malignant, malicious, perverse, evil

Question 2

Regina v. Faulkner

Answer 2

• D was on a ship carrying rum, stole some rum, then plugged the hole, he lit a match, rum then caught fire, injured him and destroyed the ship. Charged with arson
• Prosecution said he was stealing rum when he started the fire and felonious intent with respect to arson was established by his intent to steal the rum (transferred intent)
• Appellate court said he couldn’t be charged with arson
• 3 definitions of intent (or malice)
  o 1. Intended to do the thing (intended to set fire to the ship) – subjective test
  o 2. It was the necessary consequence of some other criminal act in which he was engaged (knowledge that in doing something else, ship would necessarily blow up) – subjective test, must foresee
   Don’t use this test anymore
  o 3. Having foreseen or should’ve foreseen the result, he continued with the act (probable result) – objective test, negligence

Question 3

Regina v. Cunningham

Answer 3

• Semi-detached house. Wades lived next door. D went into the cellar and stole gas meter (it had coins in it) but did not turn off the gas, which partially asphyxiated Mrs. Wade
• Unlawfully and maliciously administer/cause to be administered to any other person any poison or noxious thing that endangers life
• Required
  o 1. Actual intention to do the kind of harm that was in fact done – subjective
  o 2. Recklessness as to whether such harm should occur or not (foreseen a risk that harm might be done, but has gone on anyway) – subjective and objective hybrid