Mens Rea

Mens Rea

1. the mental element for a persons intention to commit a crime

   • (guilty mind)
   • establishes whether a crime was committed with a criminal mind
   • intention, recklessness and negligence

2. general rule

   • someone who acted without mental fault is not liable in criminal law
   • exceptions are strict liability crimes

3. civil law

   • usually not necessary top prove a subjective element to establish liability
   • tort is unintentionally breached
     • such intent may increase the scope of liability

4. direct intent

   • did D decide to bring about the prohibited concequense
   • easiest form to identify
   • covers situations where D desires particular outcome to occur
   • R v Byrne (1960)

5. oblique intent

   • where D may not actually desire a particular outcome
   • most difficult form to prove
   • R v Woollin ( 1998 )

6. specific intent offences

   • offences that require intention for Mens Rea, and nothing less will suffice
   • usually murder, rape, theft and GBH

7. basic intent

   • all other offences which anything less than intention is required
   • based around recklessness or negilence
   • e.g: assault, manslaughter and ABH