Mens Rea Flashcards
Who must prove the men’s Rea ?
The prosecution must prove the men’s Rea
What is the definition of mens Rea?
When a person aims to bring about a prohibited consequence
I have case defined the definition of mens Rea?
Mohan
What is direct intention?
Direct intention is where you aim to do something. For example if I throw a vase to the floor in order to smash it then this is direct intention.
What is oblique intention?
Aiming to do something but another consequence comes from it. For example throwing a vase at a dog but then the vase smashing would be oblique intention.
Oblique intention can highlight and argue what point?
It was virtually certain therefore there was intention.
What types of murder are there for intention?
Express or implied
What is express intention ?
Intention to kill
What is implied intention?
Intention to cause GBH
Why is there no definition of intention?
It has been developed haphazardly through case law.
Which case said that intention is a state of affairs where a person does more than merely contemplate?
Cunliffe V Goodman 1950
Which case makes it clear that motive is not the same as intention?
Mohan 1975
In which case did the defendant argue he did not have intention or the men’s Rea because his motive was good?
Chandler v DPP
What was Chandler V DPP about ?
This was about the defendant who broke into a military base to be involved in a sit in which was against nuclear weapons. His immediate purpose was to break in and cause obstruction, despite his motive.
Which case muddied the waters in regards to we should ignore motive when looking at criminal liability?
R v Steane
It could be argued that this is fair because he was forced into helping them he couldn’t choose to leave otherwise he would’ve lost his life.
Was is oblique intent linked to?
D’s capacity to foresee the consequences of his action
If D is not convicted of murder because they didn’t intend it, what would they be convicted of?
Manslaughter
In oblique intent cases what must the defendant have done?
Intend or foresee prohibited consequences
What is known as the starting point for foresight of consequences?
S.8 Criminal Justice Act 1967
What does the CJA s8 state?
That in law the jury is not bound to infer that the defendant intended or foresaw a result of his actions just because it was a natural and probable consequence of them,
A person does not need to be taken as intending the natural and probable consequence of his act simply because….
They were natural and probable.
Up until 1985, it was assumed the prosecution could succeed on charging for a murder if they could prove what?
Intention to kill
Foresight that what you were doing would highly probably lead to v being killed (Hyam 1975)
What did the case Maloney decide?
Foresight was no longer considered the same as intention
It was decided that foresight is only evidence that there may be intention in which case?
Maloney
What were the Maloney guidelines?
Did the jury think that the death or serious injury was a natural consequence of the defendants acts?
If so were they satisfied that the defendant could foresee the death or really serious injury as a natural consequence of his act?
Jury still does not have to infer intention even if the answer to both was yes
In which case were the Maloney guidelines discredited?
R V Hancock and Shankland 1986
In nedrick Lord lane tried to clarify guidelines for the jury by altering them one again as follows
Did the jury think that death or serious injury was virtually certain to occur as a consequence of the defendants acts
If so were the satisfied that the defendant foresaw death or serious injury as virtually certain
The wording of the guidelines in nedrick was accepted in which case?
Woolin
What was the case of wool in about?
D threw a baby towards a pram who then smacked his head against the wall
What did Re A say about woolin?
They believed that the case had made it law that foresight of consequences was intention
What did the case Mathews and Alleyne say about woolin?
Foresight is not intention. It is just a rule of evidence allowing the jury to find intention if it wishes although it does not have to
What was the case Mathews and Alleyne about?
D dropped V from a 25 foot bridge into a river, v said he couldn’t swim. D did not try and rescue v. The judge directed the jury that d intended to kill because it was virtually certain v would die.
What is mens rea?
Mens Rea is the guilty mind. It is the blame worthiness of a crime and varies from one to another.
