Mens Rea Flashcards
What are the two types of intention?
Direction intention
Oblique intention- Woollin (1998)
Only one needed to satisfy criteria of intention
Direct intention
If he acts with a purpose/aim towards it
D intends it ‘directly’ where she acts with the purpose or aim that it should be present
MALONEY CASE
Oblique intention
D intends an actus reus requirement
(Whether circumstance or result)
Where it is:
Virtually certain to arise
She recognises that it is virtually certain
Jury find that this recognition amounts to an intention
WOOLLIN
Direct intention
D intends something if it forms part of her purpose when acting -subjective requirement
Does not require premeditation or planning but must be present at the time of action
Hyam v DPP
The means as well as the end
Belief
Not as culpable as intention of knowledge
D has the belief that a circumstance exists or that a result will be caused where she foresees that is highly likely
No objective second limb requiring D’s belief to be correct in fact
Strict liability offences
No mens rea necessary
Voluntary act requirement
Whether D has control at the time of acting
There is an established presumption that D was acting voluntarily unless evidence can be produced to suggest otherwise
Does not apply if lack of voluntariness was self induced
Knowledge
Equivalent to intention in terms of liability
D has knowledge of an offence if:
She believes that it is the case- s
She is correct in that belief
Wilful blindness
State of knowledge can alternatively be found where D
Foresees the possibility of a certain circumstance
It would be easy for D to discover the truth
D deliberately avoids finding out
The circumstances as in fact present
There is a lack of clarity to how much foresight D must have of how consciously D must have avoided finding out
Oblique intention
Case of Maloney
Quashed conviction
Incorrect direction that forseeing a probability could amount to an intention
