MENS REA
Mens Rea-refers to the guilty mind
↳ What was the D ? did intention ?
thinking they have
Types ofIntent
- direct intent -
the defendant's main alm was for a certain outcome
consequence to occur Rv Mohan
->
Oblique/indirect intent-consequence was virtually certain &D
Rv Woolin
knows it is
virtually certain
>
- recklessness/basic Intent -
D knows there's a risk of the outcome
but takes the risk Rv
anyway Cunningham
-Negligence-failure to do
something that a reasonable person
would do Blyth v
Birmingham Waterworks
Transferred Malice
mens rea can be transferred from the intended victim to the
actual victim or an additional victim Rv Latimer Rv Mitchell
Contemporaneity rule (Coincidence rule)
actus reus mens rea must Coincide Chappen at the same time)
Continuing Act Principle Single Transaction Principle
a series of connected acts can
Ar can continue
throughout
the chain of events & the MR be regarded as one single
must be established at some transaction for the purpose
point .
Fagan v MPC Of the coincidence rule.
yactus
reus
S
Rv Church
mens
rea
& [ >
at some point , actus reus and mens rea
occur at the same time
Mens Rea-refers to the guilty mind
↳ What was the D ? did intention ?
thinking they have
Types ofIntent
- direct intent -
the defendant's main alm was for a certain outcome
consequence to occur Rv Mohan
->
Oblique/indirect intent-consequence was virtually certain &D
Rv Woolin
knows it is
virtually certain
>
- recklessness/basic Intent -
D knows there's a risk of the outcome
but takes the risk Rv
anyway Cunningham
-Negligence-failure to do
something that a reasonable person
would do Blyth v
Birmingham Waterworks
Transferred Malice
mens rea can be transferred from the intended victim to the
actual victim or an additional victim Rv Latimer Rv Mitchell
Contemporaneity rule (Coincidence rule)
actus reus mens rea must Coincide Chappen at the same time)
Continuing Act Principle Single Transaction Principle
a series of connected acts can
Ar can continue
throughout
the chain of events & the MR be regarded as one single
must be established at some transaction for the purpose
point .
Fagan v MPC Of the coincidence rule.
yactus
reus
S
Rv Church
mens
rea
& [ >
at some point , actus reus and mens rea
occur at the same time