Actus Reus and Mens Rea

Question 1

What is the test for indirect intention?

Answer 1

1. Was the consequence a virtual certainty as a result of D’s conduct? Objective test.
2. Did the defendant know it was a virtual certainty? Subjective test.

Question 2

What is the test for recklessness?

Answer 2

1. Was D aware of the risk (of the harm/offence being committed)? Subjective.
2. In the circumstances known to D at the time, was it unreasonable for him to take that risk? Objective.

Question 3

What is the “continuing act” rule??

Answer 3

-D accidentally commits an AR and then forms the MR later
-AR is seems as a continuing act which coincides with the MR when it is formed

Question 4

What is the “one transaction” rule?

Answer 4

-D tries to commit a crime and at the time has the intention to do so, but fails to do so.
-D subsequently commits the crime without the MR by mistake
-this is seems as one continuous transaction: AR and MR coincide

e.g:
-D tries to kill someone (intention to murder) but fails (MR).
-D subsequently disposes of the person e.g. by throwing them off a cliff - in doing so, D kills the victim (AR)

Series of connected acts - therefore, MR and AR are seen to coincide in one act.