Mens Rea Flashcards
Oblique Intention
Oblique intention is a lesser form of intention, where the defendant still aimed to cause harm, but not the harm that actually occurred.
R v Woollin illustrates this principle.
defendant threw his baby in a fit of rage, knowing that serious harm was a virtual certainty. The baby died. Whilst death was allegedly not the defendant’s aim, harm was still intended on some level. A key idea to consider here is whether foresight of consequences is proof of intention
Nedrick
In the case of Nedrick it was decided that if the defendant was virtually certain that harm would occur, then this is evidence from which the jury might infer intention, however, the jury may arrive at the opposite conclusion.
Subjective recklessness
next level down from intention regarding mens rea for criminal liability. R v Cunningham that the defendant must have an appreciation of a risk to another, from his actions. If he then takes that risk and causes harm as a result, then that will satisfy the mens rea requirements for most crimes
R v Gemmell and Richards
R v Gemmell and Richards, where two boys set fire to a bin, which then spread to a building, causing extensive damage. The boys knew their actions could have caused harm and they took that risk, therefore they were found to be liable.
gross negligence
MR can be established via gross negligence
- duty of care, which was breached, causing death.
- A jury must also decide that this breach was so serious or “gross” that it should amount to criminal conduct.
R v Adomako
anaesthetist failed to spot that an oxygen tube had become disconnected during a routine operation
The patient died after being starved of oxygen for over two minutes
At the trial it was discovered that most anaesthetists would have spotted the disconnected oxygen tube within twenty seconds, thereby eliminating any risk to the patient.
= jury found that not only was Adomako negligent, but that he was grossly negligent, amounting to criminal liability.
Direct intention
where the defendant aims to cause the damage that was inflicted
R v Mohan
defendant aimed to run over a police officer,intentio clearly to cause harm by hitting the victim with the car
