Mens rea

Question 1

Intention

Answer 1

Most culpable of the types of mens rea because the defendant intends to
bring about the actus reus.

Subjective.

Direct and indirect.

Question 2

Intention - indirect

Answer 2

Outcome was not their main aim but a by- product of what they set out to achieve.

Woollin test:
- A result is intended when it is the accused’s purpose to cause it.
If not consider:
- Was the consequence virtually certain to occur from the defendant’s act (or omission)?
Objective
-Did the defendant appreciate the consequences were virtually certain to occur?
Subjective

Question 3

Recklessness

Answer 3

(a) The risk must be an unjustified or unreasonable one to take.
Assessed according to the standards of reasonable people.

(b) The defendant must be aware of the risk and go on to take it.
Subjective.

Question 4

Negligence

Answer 4

Objective - assessed against the reasonable person.

Inadvertent taking of an unjustifiable risk.

Often for statutory offences.

Question 5

Strict liability offences

Answer 5

Not necessary to prove mens rea or negligence.

In some instances, the statute expressly states that the offence created is one of strict liability or uses words, such as ‘intentionally’, that make it clear it is not.

In the absence of anything express, a rebuttable presumption applies that the offence is
not strictly liable.

Question 6

Transferred malice

Answer 6

What if the defendant attacks the wrong person or damages the wrong property? MR transferred to the unintended victim.

Applies only where the actus reus committed is the same type of crime as the defendant originally had in mind.

Question 7

Coincidence of actus reus and mens rea

Answer 7

It is essential that the actus reus and mens
rea coincide in time.

Exceptions:
* Continuing act - where an actus reus may be brought about by a continuing act, it is sufficient that
the defendant had mens rea during its continuance despite not having the mens rea at its commencement.
* Single transaction - series of events interpreted as a single transaction.

Question 8

Classification of offences

Answer 8

Basic intent – may be committed intentionally or recklessly and cannot rely upon intoxication as a defence.

Specific intent – may only be committed intentionally and can plead intoxication as a
defence.

Ulterior intent – have a mens rea going beyond the actus reus.