Mens Rea

Question 1

Levels of mens rea

Answer 1

Direct/specific intent
Intention
Indirect/oblique intent

Recklessness

Negligence

Question 2

Levels of mens rea - cases

Answer 2

Mohan - direct intent
Hancock and Sharkland - indirect intent
Cunningham - recklessness
G and another - recklessness

Question 3

Mens rea - direct or specific intent

Answer 3

Highest form of mens rea, motives aren’t important here since the defendant had decided to bring upon the prohibited act regardless. Motive =/= intent.

Question 4

Mens Rea - indirect or oblique intent

Answer 4

The defendant does not intend an outcome, they may have a different aim or purpose.

Question 5

Mens Rea - recklessness

Answer 5

The defendant does not necessarily foresee results of their actions as virtually certain.

Question 6

Mens Rea - subjective recklessness

Answer 6

A lower level of mens Rea

Question 7

Transferred malice

Answer 7

The defendant can be guilty when committing a crime but consequently committing it against a different victim. Mens Rea can be transferred to another person but not an object.

Question 8

Transferred cases

Answer 8

Latimer - transferred malice
Gnango - transferred malice
Pembliton - not transferred malice