Mens Rea

Question 1

Mens Rea

Answer 1

The Guilty Mind; it is an essential part of a criminal conviction.

Question 2

What two types of mens rea are there?

Answer 2

Subjective and Objective

Question 3

Difference between subjective and objective mens rea (utility)

Answer 3

Subjective mens rea is required for serious offences or those with severe punishment or stigma

Objective mens rea is usually only required by less serious ones (e.g. driving, failure to meet legal duty)

Question 4

Difference between subjective and objective mens rea (by definition)

Answer 4

subjective refers to the accused’s intention, knowledge and potential consequences viewed by the accused,

objective refers to what the accused should’ve had in mind based on a reasonable person

Question 5

Difference between subjective and objective mens rea (language)

Answer 5

subjective is set out in criminal code and easier to discern (usually) because it’s listed and there’s specific language

objective mens rea is not necessarily stated but there will be adjective terms that might imply it

Question 6

Intent vs Motive

Answer 6

Intent: what they plan on doing

Motive: why they plan on doing it

intent is usually necessary while motive is not always necessary (exception: terrorism offences)