Mens rea Flashcards
What is mens rea?
Mens rea is the mental element of an offence and it is for the prosecution to prove that the defendant had the correct level of mens rea at the time of the offence.
What are the 4 different levels of mens rea?
Intention (Highest level)
Recklessness
Negligence
Knowledge (Lowest level)
What are the subjective and objective elements of mens rea?
Subjective - What the defendant personally thinks/believes/intends
Objective - What the reasonable average member of society would think or know.
Intention
Mohan 1975:
“A decision to bring about in so far as it lies within the accused’s power (the prohibited consequence) no matter whether the accused desired that consequence or not.
S.8 Criminal justice act 1967 says:
A court or jury In determining whether a person has committed an offence:
a) Shall not be bound by law to infer that he intended or foresaw a result of his actions by reason, just that it being a natural and probable consequence of those actions.
b)Shall decide whether he did intend and foresee that result by reference to all the evidence.
What are the two different types of intention:
Direct intention
Oblique intention
What is direct intention:
The defendant embarks on a course of conduct to bring about a result which in fact occurs. D wants a specific outcome and takes necessary steps to make it happen.
What is oblique intention:
The defendant embarks on a course of conduct to bring about a desired result but by doing so they are aware that some other consequence will occur. they do not desire the additional consequence but they are aware it is inevitable.
How is oblique intention established?
1) Was the outcome a virtually certain consequence of the defendant’s actions?
2)Did the defendant appreciate that this was the case?
Example cases of “virtually certain” outcomes:
R v Nedrick - Poured petrol through the letterbox of a woman he held a grudge against and set fire to it then the child died in the fire.
Recklessness definition:
Comes from the case of R v G and R 2003: The taking of an unjustified risk by the accused that leads to unlawful harm or damage.
R v Cunningham recklessness test:
1)The defendant was aware there was a risk that their conduct would cause that particular result.
2)The risk was an unreasonable one to take.
Negligence definition:
Failing to meet the standards of that of a reasonable man.
Criminal negligence example:
S.3 Road traffic Act 1988: It is an offence to drive negligently without due care and attention.
