*'The Guilty Mind'.
*State of mind of D when he carried out Actus Reus
*Direct Intention- D's purpose is that the Actus Reus is fulfilled. D decides to bring about the prohibited act no matter whether he desired that consequence or not. MOHAN.
*Oblique Intention- D does not intend the final consequence. However, if the harm to V is the result of D's action and this is a virtual certainty and the D realised this, the jury can use this as evidence of intention. WOLLIN.
*Recklessness- also known as Cunningham recklessness after the case of the same name is the conscious taking of a risk. The D has forseen that the harm might be done and goes on to take the risk of it happening. It is subjective because it considers what D is thinking at the time.
*Prohibited Action, Physical element of the crime.
*Take the form of a failure to act. (omission).
*Normal rule-Omission cannot make a person guilty. There are some exceptions;
*An Act of Paliament, e.g, failing to report road traffic accident, or provide specimen of breath.
*Common law crimes- an omission is only suffcient for the Actus Reus where there is a duty to act;
A duty because of a relationship-Gibbins and Proctor.
A duty which is voluntarily taken-Stone and Dobinson.
A duty through one's offcial position-Dytham.
A duty which arises because the D has set in motion a chain of events-Miller.
*Act or omission muct be voluntary on the part of D. No control-not committed the actus reus. HILL VS BAXTER.
*State of Affair cases-were D does not act voluntarily but still convicted.