Law - Mens Rea

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1. The CJA 1967 s.8 - 2 things were made clear in this:

  • Intention in criminal cases should be assessed subjectively (the jury must decide what the actual D I or foresaw). AND. If D can foresee the consequence, this is only evidence that D I the consequence, it does not mean he I the consequence.
  • Recklessness in criminal cases should be assessed subjectively (the jury must decide what the actual D I or foresaw). AND. If D cannot foresee the consequence, this is only evidence that D I the consequence, it does not mean he I the consequence.
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2. 'It was clear from the evidence that D's main aim was to seriously injure a police officer when he accelerated hard at him.'

  • Nedrick 1986
  • Mohan
  • DPP v Smith 1961
  • Woollim 1998

3. The defendant will only be found guilty if ...

  • It is shown that he intended to commit the crime.
  • It is shown that he was reckless to commit the crime.
  • It is shown that he intended or was reckless to commit the crime.

4. Basic Intent Crimes

  • Crimes can be committed intentionally or recklessly (assault, battery, s.47, s.20)
  • Crimes where the only MR is intention (murder, s.18, theft)

5. DPP v Smith was criticised by the Law Commission as -

  • looking at it from a reasonable man's POV ignores what the D see's
  • looking at it from the D's POV ignores what a reasonable man would have seen
  • D could not have foreseen what would have happened
  • D had no intention
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