Mens rea: criminal fault Flashcards
where is the mens rea of a particular offence found?
it is found in the definition of the offence
Mens Rea
Mental state
internal element of a criminal offence
offence / mens rea requirment
Murder - intention
assault and battery - intention or recklessness
Criminal damage - intention or recklessness
Theft - intention and dishonesty
Rape - intention and lack of reasonable belief of consent
Underage drinking at a licensed premises - Knowledge
Is negligence a form of mens rea?
No
Can an offence be committed without mens rea in relation to at least one element of actus reus?
yes - strict liability offences
mens rea requirments
some offences require one mental element, some require two
*motive is irrelevent!
Crime of Specific intent
requires the d to have something in mind as a result of his action
Intention only crimes - example ; Murder
Basic Intent
prosecution do not have to prove any intent beyond what the accused actually did. Example: the accused punched or touched someone or broke a window.
Recklessness will suffice in these crimes
Ulterior Intent
Requires mens rea in relation to a consequence that goes beyond the actus reus of the offence.
Example : Burglary, wounding with intent to cause GBH
Criminal liability for most serious offences requires proof of either intention or recklessness.
The requisite mental element ma relate to:
- The defendants conduct
- and/or the relevant circumstances
- For result crimes; the consequences
Intention
ln circimstances where a criminal offence requires intent; this will generally require proof that the accused desired a particular result.
Example - murder requires an intent to kill or cause GBH
Theft requires intent to permanently deprive someone of their property and dishonesty
two types of intention
Direct
Oblique ( indirect)
Direct intent
Defendant desires to bring about a particular outcome
- D is a hired assassin or professional killer -Calheam[1985]
- D is sadistic psychopath who enjoys torturing and killing people - Byrne [1960]
Calheam [1985]
i
Oblique / indirect intention
Where the defendant does not necessarily desire a particular outcome, he may in actual fact hope that the particular outcome does not occur.
he realizes however that it is almost inevitable that that outcome will result if he pursues his current course of action.
The case law in this area is largely concerned with the degree of inevitability or probability is necessary before an outcome, which the defendant foresees can be said to have been intended.
