Criminal Law Outline:Mens Rea


(a).Direct intention
(b).Oblique intention: The appropriate test for oblique intention was that formulated in Nedrick. A jury may find that a defendant intended an outcome if it was a virtually certain consequence of his actions and he realised this was the case.( R v. Woollin [1999] 1 AC 82 (HL)).

(2).Recklessness (two subjective recklessness test)

Current law is: subjective R v. G recklessness in criminal damage and Subjective Cunningham recklessness in all other offences involving recklessness.

(3).Transferred malice

Transferred malice is a means of imposing liability for the unplanned consequences of deliberate wrongdoing. If the defendant has the mens rea of murder in relation to A but brings about the actus reus, i.e. causes death, in relation to B he may still be liable. Transferred malice only operates if the actus reus of the offence committed matches the actus reus of the offence planned.

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