Mens Rea

Question 1

What is intention

Answer 1

Under Mohan 1975 it is the highest level of intention. Intention to bring about a particular consequence.

Question 2

What is foresight of consequence

Answer 2

It is only evidence from which intention can be found. The consequence must be a virtual certainty and the defendant must realise this is so - woollin 1998

Question 3

What is recklessness

Answer 3

A lower level of men’s rea than intention.
The defendant must realise there is a risk of the consequence happening and decide to take it that risk - Cunningham 1957

Question 4

What is transferred malice

Answer 4

Where the defendant can be guilty if he intended to commit a similar crime but against a different victim.
Latimer 1886
Pembliton 1874

Question 5

What is general malice

Answer 5

The defendant may not have a specific victim in mind - terrorist

Question 6

What is the coincidence of Actus Reus and mens rea

Answer 6

In order for an offence to take place, both must be present at the same time.

Continuing act - where there is a continuing act for the Actus Reus, at some point while that act is still going on the defendant has the necessary men’s rea - Fagan 1986