3. Mens rea
3.1 Subjectivity and Objectivity
intention and recklessness regarded as subjective concepts
examines what defendant themselves saw or perceived as
consequence
exception of criminal damage
negligence is objective concept
compares defendant’s actions with those of hypothetical reasonable
person
3.2 Motive
not normally relevant to criminal liability
NOT SAME AS INTENTION
Steane [1947]
3.3 Intention
acting with objective of bringing about a consequence
with desire to bring about consequence that actions are virtually certain
to do
Direct intent
aim or purpose
Oblique intent
doesn’t involve aim, purpose or desire to act
requires consequences of actions to be virtually certain to occur
3. Mens rea 1
3.1 Subjectivity and Objectivity
intention and recklessness regarded as subjective concepts
examines what defendant themselves saw or perceived as
consequence
exception of criminal damage
negligence is objective concept
compares defendant’s actions with those of hypothetical reasonable
person
3.2 Motive
not normally relevant to criminal liability
NOT SAME AS INTENTION
Steane [1947]
3.3 Intention
acting with objective of bringing about a consequence
with desire to bring about consequence that actions are virtually certain
to do
Direct intent
aim or purpose
Oblique intent
doesn’t involve aim, purpose or desire to act
requires consequences of actions to be virtually certain to occur
3. Mens rea 1
