Mens Rea Notes
Mens rea
Subjectivity is the recklessness and intention : the mental state of d
Objectivity negligence compared to a reasonable mans actions * The mr for murder is did d have malic aforethought : did d have the intention to kill or cause GBH * Recklessness is subjective concept with an exception of criminal damage which is objective now but wasn’t before due to HOL decision in r v g because it included an objective standard of fault
* motive and intention is different : Moloney : a d might intend to an offence yet his motive might be good
* steane : d british who worked in germany in WW2 had to broadcast news on german radio because of threats which meant he was assisting the enemy COA quashed his conviction because they felt sympathetic to the d even though his intention was there but the motive was right
Intention
* Direct : ones aim or purpose – consequences desired but not seen as certain
* Oblique: which is the current law – not ds aim or purpose no desire but consequences are virtually certain
1. Woolin – HOL decided that when a person charged with murder however did not desire the outcome but the outcome was virtually certain , which means he has MR for murder – ds baby was crying and started to choke he shook baby then chucked it on wall baby died . d understood that murder was virtually certain (virtually certain and d appreciated the outcome ) * Development of the law on OBLIQUE INTENT: * Dpp v smith 1961 : d was driving was driving car with stolen property , police asked him to stop but he didn’t , officer was pushed by his car into the way of another car which killed the officer , HOl held that conviction should be murder because intent should be objectively * Section 8 criminal justice act : when a court is determining if d has committed offence * Hyam v dpp : the d put petrol through her ex lovers fiancée Mrs. booth and ignited it and killed two children . HOL held shes convicted
Subjectivity is the recklessness and intention : the mental state of d
Objectivity negligence compared to a reasonable mans actions * The mr for murder is did d have malic aforethought : did d have the intention to kill or cause GBH * Recklessness is subjective concept with an exception of criminal damage which is objective now but wasn’t before due to HOL decision in r v g because it included an objective standard of fault
* motive and intention is different : Moloney : a d might intend to an offence yet his motive might be good
* steane : d british who worked in germany in WW2 had to broadcast news on german radio because of threats which meant he was assisting the enemy COA quashed his conviction because they felt sympathetic to the d even though his intention was there but the motive was right
Intention
* Direct : ones aim or purpose – consequences desired but not seen as certain
* Oblique: which is the current law – not ds aim or purpose no desire but consequences are virtually certain
1. Woolin – HOL decided that when a person charged with murder however did not desire the outcome but the outcome was virtually certain , which means he has MR for murder – ds baby was crying and started to choke he shook baby then chucked it on wall baby died . d understood that murder was virtually certain (virtually certain and d appreciated the outcome ) * Development of the law on OBLIQUE INTENT: * Dpp v smith 1961 : d was driving was driving car with stolen property , police asked him to stop but he didn’t , officer was pushed by his car into the way of another car which killed the officer , HOl held that conviction should be murder because intent should be objectively * Section 8 criminal justice act : when a court is determining if d has committed offence * Hyam v dpp : the d put petrol through her ex lovers fiancée Mrs. booth and ignited it and killed two children . HOL held shes convicted