- Mens rea simply means "guilty mind"; it is D's state of mind at the time of the actus reus.
-It represents D's fault in carrying out Actus Reus. Although an absence of Mens Rea implies D's actus reus was accidental
- There are variable levels of fault in Mens Rea- therefore there are different types, such as:
- Intention- murder
- Recklessness- criminal damage ; battery
- [dishonesty]- Fraud ; Theft ; Knowledge
Intention - Highest level of fault
- 2 forms of intention: - Direct intent
- Indirect/oblique intention
- D Intends The consequences (the decision to do) of his conduct when they are his Aim or Purpose.
- R v Mohan (1975) CA - D drove into police officer; intended to do it.
D acts intentionally where he decides to bring about the consequences of his conduct.
E.G. Aim to stop/ to steal
- although you must distinguish the differences between Direct Intention and Motive/Desire.
- Direct intention is the intention to, e.g hit someone.
- Motive/Desire is why D did it - Motives go to the jury e.g B/c he danced with his girlfriend.
- You do not need a motive to commit a crime, you only need MR.
D may intend a consequence even though he does not…