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Criminal 3 - mens rea Practice Questions And Answers Graded A+.
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Functions of MR(5) - correct answer 1. Chan and Simester point to four functions of mens rea 2. Fault 3. Identifying the wrong 4. Fair warning 5. Limiting criminalisation Fault and MR (3) - correct answer 1. actus non...

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  • October 18, 2024
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  • 2024/2025
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Criminal 3 - mens rea
Functions of MR(5) - correct answer 1. Chan and Simester point to four functions of
mens rea

2. Fault

3. Identifying the wrong

4. Fair warning

5. Limiting criminalisation



Fault and MR (3) - correct answer 1. actus non facit reum nisi mens sit rea, in the
maxim of Lord Coke

2. Lord Hailsham translated this as: 'An act does not make a man guilty of a crime, unless his mind be
also guilty' in Haughton v Smith

3. Correspondence



Fault and fair warning - correct answer For Hart, this was the essential function of
mens rea



How much fault needed? (2) - correct answer 1. the 'thin ice principle', as Ashworth
calls it; those that sail too close to the wind may be caught out

2. Gardner: 'MR principle' - cannot commit wrongs without awareness of wrongfulness of what one is
doing



Four main types of MR - correct answer Intention, knowledge, recklessness,
negligence



Stark on MR (2) - correct answer 1. Need clarity and definitions

2. Courts repeatedly restrict definitions of MR to particular offences - as in r V Woollin and R v G



Motive (3) - correct answer 1. Irrelevant

, 2. Norrie: otherwise the courts would have to consider what is a good reason to break the law

3. R v Chandler - intending to protect state no excuse for crime



Effect of intention - correct answer Horder describes intention as more than a mere
fault indicator; it changes the normative nature of conduct



Definition of intention (2) - correct answer 1. As Lord Bridge remarked in R v
Moloney, the judge should not confuse the jury; it should be down to their good sense what intent
means.

2. Glanville Williams remarks it to be 'lamentable' that English law has struggled to define such a basic
concept after nearly a thousand years of legal development



Two forms of intention - correct answer Direct intention and indirect / oblique
intention



Academic definition of direct intention - correct answer Duff: test of failure, if it had
not come about would the defendant had seen their action as a failure



Academic example considering intention - correct answer Glanville Williams'
insurance bomber



Another author on defining intention - correct answer Norrie:law is continually
undermined by its failure to adopt consistent definitions



Initial position on intention - correct answer Shaw v DPP: objective, D intends the
reasonably foreseeable consequences of their actions



Middling position on intention (8) - correct answer 1. Hyam v DPP

2. Bare majority of lords: a probable consequence is intended

3. But disagreement as to highly probable, probable, or serious risk

4. Lord Hailsham LC (dissenting): intention is to be distinguished from desire and foresight

5. Hailsham: Knowledg and foresight only raised an inference of intention

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