This is an extract of our Mens Rea document, which we sell as part of our GDL Criminal Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.
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Criminal: Mens Rea
- Definition of a crime: per DJ Lanham actus reus: required act. mens rea: required state of mind - generally must coincide with actus reus. absence of defence
- Mens Rea: terms. intention recklessness dishonesty: relevant in some property offences knowledge/belief 'malice': meaning depends on context.
- Intention: e.g. Mens Rea for Murder - 'malice aforethought' (but misleading). R v Vickers: intention to kill (express malice) or intention to cause GBH (implied malice). GBH: really serious harm (DPP v Smith) or just serious harm (R v Saunders).
- What does 'intention' mean?
Smith & Hogan: 'direct aim or purpose'. R v Moloney: no elaboration needed in most cases (per Lord Bridge). subjective: what did d. actually intend to do. motive distinguished from intent: motive irrelevant per se. intent: what d. intended to do; motive: why d. intended to do it. Chandler v DPP: individual can intend both their ends and the means through which they will achieve them ?
immediate intent relevant for MR.
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