Mens rea

Question 1

What are the types of Intent for crimes?

Answer 1

1. Specific intent- only intent will satisfy.

2. Basic intent- requires either intention or recklessness.

Question 2

What is direct intent and what was it established in?

Answer 2

Direct intent is when the defendant sets out to achieve a particular result or consequence.

R V Mohan:
- It’s Ds aim and desire to commit that crime.

Question 3

What is oblique intent and what was it established in?

Answer 3

When D set out to achieve one thing but another thing happened as a result of Ds actions.

Woollin:

• Confirmed the virtual certainty test
• Was death or serious injury virtually certain? (Objective)
• Did D know death or injury was virtually certain? (Subjective)

Question 4

What is recklessness?

Answer 4

When the defendant takes an unjustifiable risk.

- Its a subjective test so the defendant must know it was reckless.

Question 5

What happened in Cunningham?

Answer 5

Broke into an unoccupied house and removed a gas meter to take the cash with it. Allowed gas to escape and neighbour got ill.

• Not guilty as he wasn’t aware that gas would escape and didn’t intent to cause any harm.

Defined as:
1. Intention to do particular harm that was caused.
2. Accused has foreseen that particular harm may be caused and continued with it regardless.
(R V G and R)

Question 6

What is a continuing act and what happened in Fagen?

Answer 6

When acts reus comes first it continues until the mens rea is met, it waits for the to elements to be present.

Fagen V Metropolitan police commissioner:

• Directing man to move his car, when he accidentally ran over his foot and then he refused to move.
• At the time lacked mens rea but refusing to move formed mens rea as part of the continuing act.

Question 7

What is the transaction theory?

Answer 7

There is no continuing act, but instead it was committed through a series of events, this constitutes one transaction.

Thabo Meli V R:

• Decided they would kill victim by hitting him over the head and push body off cliff to make it look like an accident.
• Unconscious when they hit him but died from falling off the cliff.
• No longer had mens rea after pushing him off the cliff but was part of a continuing act.

Question 8

What is transferred malice?

Answer 8

When D wants to injure/kill one person but makes a mistake and attacks another, they will still be guilty as the mens rea is transferred.
Only works when the actus reus is the same.

R V Latimer:

• In a fight with a man, took his belt off to hit him but hit lady stood behind.
• Liable even though he did not intend to hit her.