Mens rea: lesson 3

Question 1

What’s mens rea?

Answer 1

• mental element of offence
• each offence has own mens rea
• no need for mes Rea with strict liability
• negligence can be mens rea

Question 2

What are the different levels of Mens Rea?

Answer 2

• intention
• Knowledge
• Recklessness

Question 3

What is intention?

Answer 3

Defendants aim was to bring about certain consequence

Question 4

Is motive the same as intention?

Answer 4

No

Question 5

What are the two types of intent?

Answer 5

Direct and Oblique

Question 6

What is direct intent?

Answer 6

Defendant intended for specific consequences to occur

Question 7

What is oblique intent?

Answer 7

Defendant did not desire prohibited consequence

Question 8

What is a case example for intent?

Answer 8

Hanckock & Shankland 1986
- defendant intended to frighten someone so they don’t go to work
- pushed concrete block into road
- action killed river of car taking person to work

Question 9

What is the direct and oblique intent in Hanckock & Shankland 1986?

Answer 9

Direct: concrete hits road forcing car to stop
Oblique: driver of car gets killed

Question 10

What does foresight of consequence of intention mean?

Answer 10

When someone is aware of their actions consequence and still chooses to take action