Mens Rea Flashcards
What are the three levels of mens rea?
- ) Intention
- ) Recklessness
- ) Negligence
What are the two types of intention?
Direct and indirect (or oblique)
Direct - is directly wanting something to happen
Indirect - wanting to do something and what was done to perform that action was a natural outcome of the act
R v Woolin
Facts: - D threw his baby against a hard surface and it died
- D appealed against murder conviction
Judgment: Reduced to manslaughter
L.P: - to find indirect intention, death or serious bodily harm has to be a virtual certainty as of D’s actions
R v Cunningham
Facts: - D broke a gas meter trying to get money out of it, which allowed gas to escape
- Gas went into neighbouring property and V was poisoned by the gas
- D was charged with S23
Judgment: Guilty
L.P: - test for recklessness:
Did the D forsee a risk that his actions would cause the AR for the relevant offence
Caldwell v MPC
NOW OVERRULED BY R v G+R
Facts: -D set the hotel he used to work at on fire after getting drunk
- Charged with aggravated criminal damage
- Argued not aggravated
Judgment: Conviction upheld
L.P: - A person is reckless as to whether property is destroyed or damaged where:
- ) He does an act which in fact creates an obvious risk
- ) When he does the act he has not given any thought or has recognised some risk and done it anyway
R v G+R
Facts: - Both D’s (11 + 12 yrs) went camping and set some newspapers on fire and threw them under a bin assuming they would burn out
-They didn’t and a nearby co-op caught fire causing over £1M worth of damage
Judgment: Convictions quashed and overruled Caldwell
L.P: Appropriate test for recklessness for criminal damage:
i.) a circumstance when he is aware of a risk that it exists or will exist
II.) a result when he is aware of a risk that it will occur
R v Moloney
Lord Bridge: “judge should leave the meaning on intent to jury”
