Mens Rea

Mens Rea means guilty mind. 

Intention 

1.Direct Intention: A defendant directly intends a  criminal consequence which it is his main aim, wish, want or desire. 

Mohan(1976):direct intention was defined as the defendant decision to bring out the prohibited consequence. 

2.Oblique intention: A defendant indirectly intends a  criminal consequence which it is not his main aim, wish, want or desire, but he foresaw it as a consequence of his actions. 

Woollin(1998):Proved that where objectively, the jury should consider where the death or serious injury was a viturally certain as a result of the defendant's actions(Virtual certainty test)and whether the defendant appreciated this was the cases.(subjective test) 

R v Matthews and Alleyne(2003):Forseen is the only evidence of intention for jury to decide if is have intention or not. 

Recklessness: 

-This define in Cunningham(1957)was the test is a subjective one. 

-The defendant is conscious taking of an unjustifiable risk for his own actions. 

-The lower level of mens rea. 

Transferred Malice: 

General rule:The mens rea is transferred from the intended victim to the actual victim. 

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