Mens Rea: Intention and Subjective Recklessness Flashcards
What is Mens Rea?
The “guilty mind” - the mental element of a crime, indicating the defendant’s fault or culpability
Why is the Mens Rea important in criminal law?
It distinguishes between blameworthy conduct and acts committed without fault or intention.
What does fault mean in criminal law?
Fault refers to the mental state showing that the defendant had a guilty mind, such as intention or recklessness
How is fault assessed?
Through examining the Mens rea - whether the defendant intended the result or recklessly disregarded the risk.
What is intention in criminal law?
Intention means aiming or desiring to bring about a specific consequence. It is the highest form of mens rea.
What are the two types of intention
Direct
Indirect
What is Direct intention?
When the defendant’s main aim purpose or desire is to bring about the prohibited consequence.
Case: Mohan - Direct intention is a decision to bring about the consequence.
What is Indirect intention
When the consequence was virtually certain to happen as a result of the defendant’s actions, and they foresaw this.
What case established Indirect intention
Case: R v Woollin - the consequence must be a virtual certainty, and the defendant must appreciate that fact
What is subjective recklessness?
When the defendant takes an unjustifible risk that they were aware of and there was a mere possibility of the outcome occuring.
Which case defined subjective recklessness?
R v Cunningham - Recklessness requires that the defendant foresaw the risk and went ahead regardless
What is the key difference between intention and recklessness?
Intention means to aim to bring about a certain consequence, while recklessness means being aware of a risk but still taking it unjustifibly
What happened in R v Woollin
the defendant threw his baby, causing death. The court found indircet intention because the death was a virtual certainty as a result of hisactions
How did R v Cunningham define recklessness?
the defendant tore a gas meter off the wall, causing gas to leak. He was reckless because he knew the risk but still took the chance.
How can you distinguish intention from recklessmess in a scenraio question
Look for words indicating the defendant’s purpose, main aim or desire, versus awareness of risk and choosing to act
