Mens Rea

Question 1

Mens rea definition

Answer 1

The mental element of crime: state of mind that the defendant must have had when committing the crime - ‘guilty mind’

Question 2

Direct intention

Answer 2

When something is the defendants aim or purpose then they intended it

Cunliff v Goodman

Golden rule in Maloney - the jury can decide what is meant by intent

Question 3

Old law for indirect intention

Answer 3

Hyam - high probability for bodily harm - sufficient for mens rea

Moloney - was death or injury a ‘natural consequence’

Hancock and Shankland - ‘natural consequence was too broad, added a reference to probability

Question 4

Current test for indirect intention

Answer 4

Established in R v Wollin - was the result D’s aim or purpose (if yes direct intent) if no, was the result VIRTUALLY CERTAIN? And did D appreciate that this was virtually certain? If so there is intention

Question 5

Criticism of the Wollin intention

Answer 5

What is meant by virtually certain

Test is under inclusive

Test is over inclusive

Does the test for intention apply outside murder

Question 6

Current law for recklessness

Answer 6

Subjective test as established in R v G and R

Question 7

Old law for recklessness

Answer 7

Cunninghams test - objective, d was aware of the risk but went on to take it anyway

Question 8

Transferred Malice

Answer 8

The transfer of D’s mens rea from one person to another - if D shot and X intending to kill him but hits V instead the mens rea is transferred for X to V

Mitchell