Lecture 4
Mens rea- the internal or mental element of a crime. The blameworthiness.
Types of ofences
Specifc mens rea
Most serious crimes e.g murder (mens rea of murder=malice aforethought: intenton to kill or to
cause grievous bodily harm)
Basic mens rea
Some serious and less serious crimes e.g assault
Negligence
At common law only consisted of one ofence (manslaughter)
strict liability
ofences that do not reuuire mens reaq only reuuire actus reus
Types of mens rea
To be proved for each type of ofence:
Specifc mens rea- must prove intenton
Basic mens rea- must prove recklessness
Negligence- gross negligenceq simple negligence (statutory ofences which involves carelessness).
Intenton
Intenton has two meanings (indirectq obliuueq inferred=intent)
Direct intent- the defendants deliberate aimq objectq goalq purpose
Obliuue intent- not having the deliberate intenton to produce that outcome but having foresight
that that outcome will occur if you contnue with what you intended to do.
Hyam v DPP 1975- Mrs Hyam lived in a terraced houseq she went to her neighbours house and
poured petrol through the leterbox and then put lit paper through the leterboxq two children died.
Mrs Hyam is charged with murder. At the trial the judge said if you believe she foresaw death was
likely you must convict her of murder.
Maloney 1985- went to his step fathers birthday partyq during the course of the evening they
decided to play a game of who could draw the revolver the fastest out of the holster. Maloney’s
revolver was loaded and it went of and killed his step father. Convicted of manslaughter.
Hancock and Shankland 1986- striking miners drop a concrete block which landed on a taxi and killed
some of those in the taxi. Convicted of murder which was reduced on appeal to manslaughter. Lord
scarman suggested the natural conseuuence test was too wide (and tainted by smith 1961).
Nedrick 1986- the facts are very similar to Hyam. Similar convictonn murder. Reduced to
manslaughter by court of appeal. (idea of virtually certain was developed).
Mens rea- the internal or mental element of a crime. The blameworthiness.
Types of ofences
Specifc mens rea
Most serious crimes e.g murder (mens rea of murder=malice aforethought: intenton to kill or to
cause grievous bodily harm)
Basic mens rea
Some serious and less serious crimes e.g assault
Negligence
At common law only consisted of one ofence (manslaughter)
strict liability
ofences that do not reuuire mens reaq only reuuire actus reus
Types of mens rea
To be proved for each type of ofence:
Specifc mens rea- must prove intenton
Basic mens rea- must prove recklessness
Negligence- gross negligenceq simple negligence (statutory ofences which involves carelessness).
Intenton
Intenton has two meanings (indirectq obliuueq inferred=intent)
Direct intent- the defendants deliberate aimq objectq goalq purpose
Obliuue intent- not having the deliberate intenton to produce that outcome but having foresight
that that outcome will occur if you contnue with what you intended to do.
Hyam v DPP 1975- Mrs Hyam lived in a terraced houseq she went to her neighbours house and
poured petrol through the leterbox and then put lit paper through the leterboxq two children died.
Mrs Hyam is charged with murder. At the trial the judge said if you believe she foresaw death was
likely you must convict her of murder.
Maloney 1985- went to his step fathers birthday partyq during the course of the evening they
decided to play a game of who could draw the revolver the fastest out of the holster. Maloney’s
revolver was loaded and it went of and killed his step father. Convicted of manslaughter.
Hancock and Shankland 1986- striking miners drop a concrete block which landed on a taxi and killed
some of those in the taxi. Convicted of murder which was reduced on appeal to manslaughter. Lord
scarman suggested the natural conseuuence test was too wide (and tainted by smith 1961).
Nedrick 1986- the facts are very similar to Hyam. Similar convictonn murder. Reduced to
manslaughter by court of appeal. (idea of virtually certain was developed).
