Mens Rea

Question 1

Men’s rea in Latin

Answer 1

Actus Reus non facit rerum nisi mens sit rea

“The act is not culpable unless the mind is guilty”

Question 2

Actus Reus + Men’s Rea = ???

Answer 2

Criminal Liability

Question 3

What are the Two forms of Men’s rea?

Answer 3

Intention
Recklessness

Question 4

Subjective recklessness

Answer 4

Where D realizes that there is an unjustifiable risk of the prohibited outcome occurring, and D runs the risk.

A subjective test is one where “D’s own belief” as to the circumstances is relevant, whereas an objective test judges D against the standard of a reasonable man

Question 5

Subjective Recklessness
R V Cunningham

Tip: Use this case in your Part A notes

Answer 5

D attempted to rob a gas meter by ripping it off the wall to access the money inside.
this caused a gas leak to occur through the wall and harm the woman living in the next door

Held: D was not reckless as he did not realize the risk of the outcome occurring

Question 6

Subjective Recklessness
R V R and G 2003

Answer 6

Two boys went camping
They entered the backyard of a shop and lit a fire under a wheelie bin, then left.
The fire spread to the shop, causing a million pounds worth of damage

Held: In order to be reckless, D must realize the risk of the prohibited outcome occurring.

Question 7

Men’s Rea
Recklessness summarised

Answer 7

D realises the risk of the prohibited outcome occurring, and takes the risk

Question 8

MAIN MEN’S REA ELEMENT FOR THE UPCOMING EXAM
ON PART A MURDER

Intention
what are the two forms of intention?

Answer 8

Direct Intent
Oblique Intent

Question 9

MAIN MEN’S REA ELEMENT FOR THE UPCOMING EXAM
ON PART A MURDER

Intention
what is Direct intent?

Answer 9

D has the aim, desire, or purpose to bring about the prohibited outcome.

Question 10

MAIN MEN’S REA ELEMENT FOR THE UPCOMING EXAM
ON PART A MURDER

Intention
what is Oblique intent?

Answer 10

The Prohibited outcome is virtually certain, and D realises this.

Question 11

MAIN MEN’S REA ELEMENT FOR THE UPCOMING EXAM
ON PART A MURDER

Intention
what is Oblique intent?

R V Woollin

Answer 11

D threw a 3 month baby with force towards a pram.
The baby died from it’s injuries.
D did not desire this outcome.

Held:
D had intention as the prohibited consequence was a virtually certainty and he must have realised this.

Question 12

Evaluation Of Murder

Answer 12

There has been much confusion over whether oblique intent is a type of intention, or whether it just describes a state of mind from which the jury can find intention if it wishes