Criminal

Law I Lecture III: Elements of a

Crime: Mens Rea
By: Janeille Zorina Ma/hews
 Introduc@on to
Mens Rea

Introduc@on to Other Spheres of Key

Inten@on Considera@ons Mistake
Mens Rea Culpability

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 Introduc@on

Important Themes in Criminal Law

q ACT V. OMISSION: How much conduct is enough?
When is failure to act enough? When should

accomplices/conspirators be held criminally liable?
q CONDUCT V. INTENT: What mental state ought to be

required to send someone to prison?
q PRIMACY OF INTENT: What is the relaQonship between

intent and moQve?
q DEFENCES: If there is liability, when should we give
people a defence?
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 Introduc@on

“An act does not make a man guilty of a crime, unless his mind is also guilty.”
--Haughton v. Smith [1975] AC 476 at 491

Three Components of Criminal Liability

Actus Reus Mens Rea No Defence
The actual The criminal state The absence of an
criminal act – the of mind – the exculpatory defence,
conduct

intent jusQficaQon or excuse

The conduct must The intent may Where a defence is

be proven be inferred raised, the prosecuQon
must negate it by proof
beyond reasonable
doubt

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 Introduc@on to
Mens Rea

MENS REA (menz ˈrēə)

The state of mind expressly or impliedly required by the
definiQon of the offence charged.
-- Card, Cross & Jones

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 Introduc@on to
Mens Rea

Primacy of Intent

“The general rule is that the defendant’s

moQves, good or bad, are irrelevant to
his criminal liability, although they may
affect the punishment imposed.”

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 Inten@on

Other Spheres of Key

Introduc@on Inten@on Considera@ons Mistake
Culpability

• IntenQon defined
• Direct intenQon v.
oblique intenQon
• Development of
the case law

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 Inten@on

Direct Inten9on v. Oblique Inten9on

Direct Inten@on Oblique Inten@on
Defendant desires an outcome Defendant does not necessarily
and acts in furtherance of that desire an outcome but is virtually
outcome certain the outcome will occur if
she commits the act

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 Introduc@on

Hyam
` inten@on = highly probable
inten@on = natural consequence
THE CASE LAW

Moloney

Hancock &
inten@on = highly likely
Shankland

inten@on = virtual certainty

Nedrick

inten@on = virtual certainty

`````````
Woollin

MaGhews
inten@on = virtual certainty?
& Alleyne

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 Inten@on

Current State of the Law

(1)  A result is intended when it is the actor’s purpose to
cause it

(2)  A jury may also find that that a result is intended,
though it is not the actor’s purpose to cause it,
when –

(a)  the result is a virtually certain consequence of
that act, and
(b)  the actor knows that it is a virtually certain

consequence
-- Smith & Hogan
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 Other Spheres of
Culpability

Other Spheres of Key

Introduc@on Inten@on Considera@ons Mistake
Culpability

• Recklessness
• Negligence

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 Other Spheres of
Culpability

Recklessness Defined

Recklessness is the taking of an

unreasonable risk, of which the
risk-taker is aware.

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 Other Spheres of
Culpability

Objec@ve and Subjec@ve Recklessness

Rules v. Standards?

R v. Cunningham [1957] 2 QB 396 R v. Caldwell [1981] 1 All ER 96

V.
Subjec@ve Test Objec@ve Test

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 Other Spheres of
Culpability

Subjec@ve Recklessness
Standards.

R v. G and R [2003] UKHL 50

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 Other Spheres of
Culpability

Negligence Defined

Negligence is the inadvertent taking of

an unjusQfiable risk

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 Other Spheres of
Culpability

Negligence Dis9nguished From Recklessness

Recklessness is the conscious taking of an

unjusQfiable risk, negligence is the
inadvertent taking of an unjusQfiable risk

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 Key
Considera@ons

Other Spheres of Key

Introduc@on Inten@on Considera@ons Mistake
Culpability

• Transferred Malice
• Coincidence of
Actus Reus and
Mens Rea

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 Key
Considera@ons

Transferred Malice
Provided the defendant acted intenQonally or recklessly in
the way required by the definiQon of the offence charged, it
is irrelevant that the actual person or property was
unintended or unforeseen

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 Key
Considera@ons

Coincidence of Actus Reus and Mens Rea

The defendant’s mens rea must exist
at the Qme of the relevant act,
omission or state of affairs on her part

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