Mens Rea Guilty state of mind

Question 1

Intention

Answer 1

1. Direct intention
2. Indirect intention : Woollin (threw a child) manslaughter (not murder) because he did not forsee the consequence
   - Was consequence virtually certain to occur from D’s act or omission?
   - Did the D appreciate the consequence were virtually certain to occur? (subjective test) : although the test is what D foresaw, what a reasonable person would have foreseen is good indication in deciding what D did foresee

Question 2

Recklessness

Answer 2

Recklessness involves D taking an unjustified risk:
1. Risk must be unjustified and unreasonable to take (objective)
2. D must be aware of the risk but go on to take it (subjective)

Question 3

Negligence

Answer 3

Objective of negligence test: inadvertent taking of unjustified risk (not concious)
For crimes where mens rea may be satisfied by negligence:
- a person is punished simply for failing to measure up to the standards of reasonable person
- D may have acted intentionally or recklessly, is not required to establish liability, it is what D did is relevant
- Test is objective, D’s motive for acting or lack of experience are not taken into account

Question 4

Strict liability offences

Answer 4

Not necessary to prove mens rea
Strict liability offences relates to:
1. Food safety
2. Consumer protection
3. Misuse of drugs
4. environment
5. road safety
6. heath and safety

Question 6

Transferred malice

Answer 6

D’s intention towards A may be transferrd to B where they commit the actus reus of the same offences in relation to B
Malice may be transferred from person to person, object to object
Where actus reus and mens area relate to different types of offences, transferred does not operate
If mens rea of offence includes recklessness, it may not be necessary to consider the doctrine of transferred malice at all

Question 7

Coincidence of actus reus and mens rea

Answer 7

1. General rule : must concide in time for a D to be guilty
2. Two exceptions:
   a. Continuing act : D’s act satisfies actus reus of offence and at some point they have also mens rea for offense
   b.

Question 8

Classification of offences

Answer 8

1. Offences of basic intent: intentionally orr recklessly
   2.** Offences of specific intent**: can only be committed intentionally
   - Murder : mens rea is an intention to kill or cause grievous bodily harm
   - Theft : mens rea requires an intention to permanently deprive
2. Offences of ulterior intent: the mens rea required goes beyond the actus reus of that offence so the prosecution have to establish an extra element of mens rea against the defendant before they can secure a conviction. e.g. burglary/aggravated criminal damage