Class notes
Law 2160 Mens Rea Notes
- Course
- Institution
Comprehensive and detailed Lecture Notes on Mens Rea for Criminal law . * Essential!! * Precise!! * For you!!
[Show more]
Seller
Follow
anyiamgeorge19
Reviews received
Content preview
Mens ReaDefinition of Mens Rea:
Mens Rea is the legal term used to describe the element of the criminal law that relates to the
defendant’s mental state. Different crimes have different mens rea requirements.
There are varying types of Mens Rea; we will consider: Intention, Recklessness and Negligence
INTENTION
Two Types of Intention
1. Direct Intention: Your (ultimate) aim or purpose
2. Indirect/ Oblique Intention: Not what one aims to do but what is a necessary side effect or
means to an end of one’s aim
Glanville Williams in “Oblique Intention” (1987) 46 C.L.J. 417 at 421 states:
Direct intention is where the consequence is what you are aiming at.
Oblique intention is something you see clearly, but out of the corner of your
eye. The consequence is (figuratively speaking) not in the straight line of
your purpose, but a side-effect that you accept as an inevitable or ‘certain’
accompaniment of your direct intent.
The primary meaning of intention
No statutory definition of Intention. The legal meaning is the ordinary meaning of the word.
R v Moloney [1985] AC 905 – the golden rule
Evolution of the test for Indirect/Oblique Intention
1
, While it was accepted in law that when talking about oblique intention it was necessary that the
accused had foreseen the side effect or consequence, two issues were unclear. (1) how
likely/certain the consequence that was foreseen must be before you could say the accused
intended it; and (2) what significance was to be attached to foresight (evidential or definitional).
This was settled (at least for now) in the case of Woollin which built upon the previous decision
of Nedrick. NB: leading authority on the meaning of indirect intention is Woollin
Earlier Cases:
Hyam v DPP [1975] AC 55
R v Moloney [1985] 1 All ER 1025
Hancock & Shankland [1986] 1 All ER 641
Nedrick [1986] 1 WLR 1025
Level of foresight
the jury should be directed that they are not entitled to infer the necessary intention,
unless they feel sure that death or serious bodily harm was a virtual certainty
(barring some unforeseen intervention) as a result of the defendant’s actions and the
defendant appreciated that such was the case.
Guidelines offered
When determining whether the D had the necessary intent, it may therefore be helpful for a jury to ask themselves
two questions:
1. How probable was the consequence which resulted from the D’s voluntary act;
2. Did he foresee that consequence
R v Woollin [1999] 1 AC 82
Modified the Nedrick test:
the jury are not entitled to find the necessary intention unless they feel sure that
death or serious bodily harm was a virtual certainty (barring some unforeseen
intervention) as a result of the defendant’s actions and that the defendant appreciated
that such was the case.
Two possible interpretations of Woollin:
1. Definitional Interpretation
Lord Steyn - “a result foreseen as virtually certain is an intended result”.
2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller anyiamgeorge19. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75323 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now