Law Unit 2 Criminal- Mens Rea

Mens Rea

- 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

Direct Intent

- 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…