MENS REA

Question 1

What is mens rea

Answer 1

Mens rea in latin means guilty mind. the mr is the intent element of the crime i.e the guilty mind. for a defendant to be found guilty of crime the actus rea and mens rea must be proven. the term captures not only criminal intention but alsoany other menatl element stated in statute as an element of the offence.

Question 2

What are the 3 types of MR

Answer 2

1. INTENTION
2. RECLESSNESS
3. STRICT LIABILITY

Question 3

Intention

Answer 3

intention mean the accused intended to bring to bring about the result achieved.

Charleton et al - ‘he meant to do what he did’

Kilcommins et al - in. the eyes of criminal law, intention involves the highest level of culpability.

Coffey - on the scale of culpability, intention sits on first place.

Question 4

Direct intention

Answer 4

Ashworth - intention is direct when it is a persons ‘aim, objective or purpose’

DPP v Murray - direct intent is to have a fixed purpose to reach a desired objective’

R v Walker and Hayes - ‘it has never been suggested that a man does not intend what he is trying to achieve’,.