Mens Rea: 'The Guilty Mind'
The mens rea is the mental element of a crime, ie. D's though processes.
Intention is the most serious type of Mens Rea: DIRECT INTENTION as defined in Mohan: ' The decision to bring about the consequence no matter whether the accused wanted that consequence of his act or not'
INDIRECT INTENTION : Not clear of D aimed to cause consequence.
R V Woolin: D threw baby at a wall, baby dies.
Virtual Cirtainty: Must be able to FORSEE consequence
- Are the consequences of D's actions virtually certain?
- Would D have realised this?
Answer to both of these questions has to be a yes otherwise jury is not entitled to find intention.
Matthews and Alleyne
D+D dropped V in river. V died. This case shows that these questions alone cannot prove intention and that ALL circumstance must be considered.
RECKLESSNES : less serious that INTENTION. Usually forms the mens rea for less serious crimes, ie. battery.
Recklessness was established in R V Cunningham: 'to forsee a risk of harm and go ahead anyway'
TRANSFERRED MALLICE-The defendent with the mens rea of a particular crime peforms that actus reus of the same crime but in a differant way than intended.