Mens Rea pt.1 : Lesson 4 Flashcards
What are strict liability offences ?
- Do not require proof of mental element
What are the levels of Mens Rea?
- Intention
- Knowledge
- Recklessness
- Negligence in some cases
Define intention
- Highest level of mens Rea
- Usually referred to as Specific Intention,
Key points on intent
- Motive is not relevant
- Motive ≠ intent
What is direct intent?
Defendant intended for the specific consequence to occur
What is oblique intent?
Defendant didn’t desire prohibited consequence as the outcome
Which case shows oblique intent?
Hancock & Shankland 1986
- Defendant intended to scare coworker from going to work as they were on strike by pushing concrete block off of bridge onto road. This killed the driver of the car.
- Direct intent was to stop the car and the oblique intent was that the drivers car was hit, killing him.
What does foresight of consequence as intention mean?
If defendant foresaw a virtually certain consequence of their actions and continued, it could equate to intention.
What are the struggles courts have had with intention where foresight of intention is involved?
1) Inclusion of natural and probable consequences as test for intention
2) Difficulty for jurors to apply law
3) Adoption of the infer or find 2 question test from Nedrick
Why is the inclusion of natural and probable consequences as the test for intent a struggle for courts?
Because something can be a natural consequence without being a probable consequence
What is a natural and probable consequence?
A consequence that one could reasonably expect to result from and act
What is the “infer or find two question test” from R v Nedrick?
- Court should consider 2 questions:
1) Did jury consider that death/ serious injury was virtually certain to occur as a result
2) Did defendant foresee the death/ injury as virtually certain - If jury answer yes to both questions intention can be inferred
Does intention have a statutory definition?
No
What definitions did the Law Commissions propose in 1989?
1989 Draft Criminal Code clause18
- A person acts intentionally regarding
1) A circumstance they hope exists or will exist
2) A result they act to bring about or know will occur in the ordinary course of events
- Critisism: argues it Lacks clarity & is too narrow
What definitions did the Law Commissions propose in 1993?
1993 Law Commissions report
- A person acts intentionally regarding a result if:
1) Their purpose is to cause it
2) They know it will occur in the ordinary cause of events when pursuing another result
- Criticism: lacks clarity & certainty
What definitions did the Law Commissions propose in 2003?
2003 Law Commision Proposal
1) A person intends a result if they act to bring it out
2) If necessary for justice, juries may find intention if defendant thought result was virtually certain
- These reforms never implemented. current definition is in Woolin 1998
