Mens Rea Flashcards
What is mens rea
Guilty mind
What is direct intent
D aims to do the crime
What is indirect or ‘oblique’ intent
Intention extends beyond aim and includes foresight by D of virtual certainty
Example: D sets fire to a council house to try and get a bigger one
What is subjective consciousness?
D is aware that he might do the prohibited act
What is the case on direct intent
R v Mohan 1976
R v Mohan
Defined direct intent as where ‘Ds, objective or purpose was to bring about the prohibited result’
R v Dudley and stephens 1884
Intention is not the same as motive. Motive is irrelevant
R v Nedrick 1986
Death/serious injury was a virtual certainty
AND
D realised that was the case
R v Woollin 1998
Approved the Nedrick virtual certainty test provided the work ‘find’ was used instead of ‘infer’
R v Mathews and Alleyne 2003
The virtual certainty test is a jury decision. They can find intention but they do not have to
What are the cases for recklessness
R v Cunningham
AND
R v G & R
R v Cunningham 1957
Recklessness does not require any ill-will to the v
R v G & R 2003
HOL overruled MPC v Caldwell (1982). The test for recklessness is subject.
D must realise he is taking a risk but does it anyway
