Mens Rea - Intention

Question 1

DPP v O’Loughlin [2021] (CoA)

Answer 1

Kennedy J:
- No statutory definition
- An individual wants the consequences of his or her actions
- Desiring or having as an objective a particular outcome.”
- Kennedy J - Jury assess intention by taking into account all the evidence in the case in order to draw an inference of intention.

Question 2

DPP v FN (SC)

Answer 2

Charleton J:
- The purpose of the accused was to bring about the criminal wrong
- Acted purposely not accidentally
- Motive irrelevant to intention or criminal responsibility (Dixon J in R v Lewis)
- Lack of motive may assist the defence in show reasonable doubt (DPP v Nevin)

Question 3

DPP v Eadon (SC)

Answer 3

Charleton J:
- Infer intent from what others see and hear
- the facts on the ground, meaning the state of the victim’s body or the presence or absence of defensive markings; any admissions made by the accused which explain his mental state at the time; a prior declaration of intent; and the application of shrewdness and common sense to the analysis of the circumstances.”

Question 4

DPP v Marta Herda (CoA)

Answer 4

Mahon J:
- Evidence that the appellant had driven her car at speed in the harbour area and through the barrier and handrail into the water
- The suggestion that the appellant may have fully opened her electrically operated driver’s window immediately prior to the car entering the water…The appellant was aware that the deceased was unable to swim and had a fear of water
- Any suggestion that the act of driving a car off a harbour pier into deep water at speed was deliberate but at the same time was not intended to ill or cause serious injury to the victim is fanciful.”

Question 5

DPP v Cifford (HC)

Answer 5

Charleton J:
- Plane blowing up a suitcase analogy
- More likely the consequence, more easily infer
- Difficult to bring about wrong - Still intend
- Recklessness consists of an accused subjectively taking a serious risk, involving high moral culpability, that his conduct will bring about the wrong defined by the charge
- Subjective element
- Moral culpability is necessary in this context because all life is a risk. To decide to build a major tunnel through a mountain involves a risk of accidental death to the workers. Where all proper precautions are taken, there is no moral culpability should someone die in an accident. Failing to avoid a serious risk of which you are aware can involve a high degree of moral fault.
- Section 2.02(2)(c) of the Model Penal Code is generally accepted as being the definition of recklessness in Irish law:-
“A person acts recklessly with respect to a material element of an offence when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to him, its disregard involves culpability of high degree.”