elements of criminal law: mens rea

Question 1

what are the two main types of mens rea?

Answer 1

• intention: direct intent (Mohan), foresight of consequences (Woollin)
• recklessness (Cunningham)

Question 2

explain: direct intent

Answer 2

the D intended to bring about the unlawful consequence (Mohan)

Question 3

expain: foresight of consequences

Answer 3

when the D’s actions are virtually certain to cause a particular outcome, although this was not their aim (Woollin)

Question 4

explain: recklessness

Answer 4

when there is a risk of harm from the D’s conduct, they realised this yet chose to take the risk anyway (Cunningham)

Question 5

what is transferred malice?

Answer 5

the rule that the D’s intention is transferred from the intended victim to the actual victim, but only if the offence is of a similar type to the one the D intended

Question 6

explain the Latimer precedent

Answer 6

transferred malice allows the intent to travel from person to person or object to object

Question 7

explain the Pembilton precedent

Answer 7

transferred malice cannot transfer from person to object or object to person

Question 8

what is the coincidence rule?

Answer 8

states that for an offence to take place, both the mens rea and actus reus must be present at the same time when an offence occurs

Question 9

explain: continuing act

Answer 9

the D formed the MR at some stage during te act, so the MR and AR coincide at the same time (Fagan v Metropolitan Police Officer

Question 10

explain: series of events

Answer 10

where the D forms the MR at some time during the series of events, so the MR will apply to the whole event allowing the AR and MR to coincide (Thabo Meli)