Principles of criminal liability: mens rea - CRIMINAL LAW (1) Flashcards
what is the literal translation for mens rea
guilty mind
what must the mens rea be accompanied by to convict someone for a criminal offence
the actus reus
the actus reus alone is not enough for criminal liability. some mental element is also necessary.
MUST HAVE BOTH- ACTUS REUS AND MENS REA
what are the 4 types of mens rea
1) intention
2) recklessness
3) negligence
4) knowledge
what is intention
it the most blameworthy type of mens rea
what are the 2 types of intent
1) direct intent
2) oblique intent
what is direct intent
this is where the defendant foresees the consequences of his actions and does everything in his power to bring about these consequences
Its the 100% aim and desire to bring about a certain consequence
what is the case and principle for direct intent
Mohan
legal principle= shows that the defendants motive or reason for doing the act is irrelevant, it only matters if it was the D decided to bring about the prohibited consequences