Mens Rea (AO1)

Question 1

What is mens rea?

Answer 1

The mental element of a crime

Question 2

What are three types of mens rea?

Answer 2

Direct intention
Indirect intention
Subjective recklessness

Question 3

What are the three sections of Mens Rea AO1?

Answer 3

-Mens rea definition and types
-Transferred Malice
-Co-incidence

Question 4

Explain Transferred Malice…

Answer 4

-Where D’s intention transfers from his intended victim to his actual victim

Question 5

Explain Co-incidence…

Answer 5

One of the main principles of criminal law is that the actus reus and mens rea must both be present at the time the crime is committed. However, as this isn’t always literally possible so judges have developed rules around this:
-Continuing act - Where AR is seen as ongoing act until MR is formed at some point
-Series of Events - Where the AR and MR are seen as chain of events so both present at some point during commission of crime