Mens Rea

Question 1

What is the mens rea?

Answer 1

the mental element of a crime, translates as ‘guilty mind’

Question 2

Specific intention

Answer 2

aim, purpose or objective - dictionary

‘a decision to bring about … the prohibited consequence …’ - R v Mohan

Question 3

Oblique intention

Answer 3

where D intends the act but not the consequence

Question 4

Where was the test for oblique intention stated?

Answer 4

R v Nedrick, confirmed in Woollin

Question 5

The oblique intention test allows the jury to infer specific intention if:

Answer 5

1. the outcome is a virtually certain consequence of the act

2. D knows that it is a virtually certain consequence

Question 6

Recklessness

Answer 6

Conscious risk taking - R v Cunningham

Subjective

Question 7

Coincidence of actus reus

Answer 7

the actus reus and mens rea must conincide - they must occur at the same time
known as the contemporaneity rule
R v Thabo Meli
R v Church
R v Jakeman

Question 8

Contemporaneity rule exception

Answer 8

In order to prevent injustices, the transaction principle was established
the transaction principle states that where D commits a series of related acts that constitute a single transaction, mens rea is present, coincidence is satisfied - Thabo Meli

Question 9

Continuing act principle

Answer 9

Fagan v Metropolitan Police Commissioner
where an actus reus is a continuing act, and at some point during that continuing act mens rea is present, coincidence will be satisfied

Question 10

Transferred malice

Answer 10

where the mens rea of a crime directed at one person, is transferred to the unintended victim of the crime
“intent follows the bullet” - Andrew Keogh
malice cannot be transferred from one type of crime to another
R v Mitchell
R v Latimer
R v Pembliton