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Mens Rea

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Detailed notes relating to mens rea. Helped me achieve a distinction (76%) in my final exam.

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  • September 20, 2016
  • 4
  • 2015/2016
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By: szekiho • 7 year ago

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GDL1
Criminal Law| Mens Rea


What is Mens Rea?

 Prohibited behaviour (actus reus) must be accompanied with a blameworthy state of mind
(mens rea).

 The mens rea required is dependent on the crime in question.

 Must be specific about mens rea.
 Mens rea = usually ‘intention’ or ‘recklessness’


Intention (case study of murder, although the principles are of general application)

 Mens rea for murder is ‘malice aforethought’.

This was defined in R v Vickers as:

1.) Intention to kill (express malice) or;

2.) Intention to cause GBH (implied malice)

In DPP v Smith, GBH was defined as ‘really serious harm’

R v Saunders held that ‘really’ made no difference, so defined GBH as ‘serious harm’.

 Mercy killing is not a defence in English law. (R v Inglis)


Direct Intention

 Most common type – always consider first.

 Test for direct intention = subjective.

 Lord Bridge in R v Moloney – jury’s task to decide intention. The word ‘intention’ should be
given its ordinary meaning.

 D can intend an act because it is the purpose of his act – doesn’t matter if the chances of
achieving his purpose are slim, intention still satisfied.

 Consequence = what the defendant wants to happen.

 In order to determine direct intent, the jury should consider whether D’s aim/purpose was to
commit the actus reus.

 Approach of determining direct intent is of general application (R v Moloney)


Oblique Intention

 Rarely a case where it is necessary to consider oblique intention. (Lord Bridge in R v Moloney)

 Judge needs to elaborate on the meaning of intention.

 This could occur where intention is the only form of mens rea available – where there is an
option of recklessness, do not use oblique intention – consider recklessness as it’s easier to
prove.

 Where D’s purpose for acting is not to commit the actus reus for the crime for which he is being
charged, you would consider D’s oblique intention.


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