Chapter 14 Mens Rea revision Study Guide With Practical Exam Actual Answers.
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HMEMS
Institution
HMEMS
Define mens rea - correct answer examines the state of mind of the defendant at the time of committing the offence.
Distinguishes between an accident and a criminal offence.
What will the absence of mens rea resulting in most cases? - correct answer ...
Define mens rea - correct answer examines the state of mind of the defendant at
the time of committing the offence.
Distinguishes between an accident and a criminal offence.
What will the absence of mens rea resulting in most cases? - correct answer an
acquittal
case example: R V Clarke (1972)
case example-absence of mens rea acquittal-R V Clarke (1972) - correct answer
Woman transferred items from her shopping bag into her own bag before paying for them. She was able
to show that she suffered from absentmindedness due to depression so she lacked the mens rea and
was acquitted.
What are the exceptions to the lack of mens rea resulting in acquittal? - correct answer
offences of strict liability-no proof of mens rea is required
What is the highest level of mens rea? - correct answer intention/specific intention-
direct or oblique
What are the main types of mens rea? - correct answer recklessness, negligence
and knowledge
define intention: - correct answer in Mohan (1975) the courts defined intention as
'a decision to bring about, insofar as it lies within the accused's power (the prohibited consequence), no
matter whether the accused desired that consequence of his act or not'.
Which cases could mens rea be classified as intention? - correct answer under
section 18 of the offences against the Person act 1861 the defendant must cause GBH or wounding. The
mens rea is that the defendant must intend to cause GBH or to resist arrest.
, If the defendant did not intend either he cannot be guilty of this offence.
What is motive? - correct answer Mohan (1975) makes it clear that motive is not
the same as intention and isn't relevant in deciding whether the defendant had intention.
What is direct intent? - correct answer The defendant intends the specific
consequence to occur.
what is oblique/indirect intent? - correct answer The defendant intends one thing
but the actual consequence which occurs is another thing.
Case example: Hancock and Shankland (1986)
Case example-oblique intent-Hancock and Shankland (1986): - correct answer The
defendant intended to frighten someone so as to stop him going to work, but did not intend to kill or
seriously harm the victim.
The defendant wanted to stop the victims car so the defendant pushed a concrete block from a bridge
onto the roadway - the driver of the car was hit by the concrete block and killed, this was not an
intended result.
What does section 8 of the criminal Justice act 1967 state? - correct answer Jury
shall not be bound in law to infer that Defendant intended or foresaw a result of his actions by reason
only of it being a natural and probable consequence of those actions. The jury aren't obliged to say there
was intention just because it was likely. but
shall decide whether he did intend or foresee that results by reference to all the evidence drawing such
inferences from the evidence as appear proper in the circumstances.
The jury in a criminal trial must have clear direction as to how they should decide whether the
defendant had necessary intention.
Case example-oblique intent-Nedrick (1986)-established two-part test - correct answer
The defendant had a grudge against a woman. He poured paraffin through the letterbox of her house
and set it alight. A child died in the fire. The defendant only intended to scare the woman. The
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