BPP GDL Study Notes Chapter 3 - Mens Rea: Intention Flashcards
What must always be linked to any discussion of mens rea in a particular case?
The actus reus of the case
What is the mens rea of murder? What is the formal name for this?
malice aforethought. Either:
1) an intention to kill (express malice)
OR
2) an intention to cause GBH (implied malice)
Which case allowed an intention to cause GBH that resulted in the victim’s death to be treated as murder? What happened?
R v Vickers [1957]. Defendant repeatedly struck an old woman in the head after being disturbed during a burglary and she died.
What is the definition of GBH and what gives the authority for this?
Really serious harm, defined in DPP v Smith [1960]
What are the two types of intention in criminal law?
- direct intention
- oblique intention
What is direct intention?
- where D performs an act with the aim or object of achieving the consequence of that act. Even if he thinks the act is unlikely to succeed, his direct intention is for it to happen.
- Subjective test.
Who must decide on ‘intention’? What guidance do they receive? What authority governs this?
- the jury
- the judge should avoid defining ‘intention’ unless strictly necessary; it should be given its ordinary meaning
- R v Moloney [1985]
What is oblique intention?
Where D acts in a way which produces an actus reus, but this is not D’s purpose and is instead a side effect which he accepts as an inevitable accompaniment to his direct intention. (RARE)
What is the test for oblique intention? What set it out?
- death or serious harm was a virtual certainty as a result of D’s actions
- D appreciated that this was the case
- R v Woollin [1999]
What two things should you be trying to achieve when working with Men Rea?
- identifying the requisite mens rea for the offence
- based on the facts, advise as to whether D had the required state of mind at the time he carried out the actus reus
Can murder ever be committed with recklessness?
No - it can only be committed with direct intent or oblique intent. If an offence allows for recklessness then oblique intent cannot be argued and vice versa.
