Mens Rea

Learning ObjectivesTo recall the elements required to prove mens rea for

murderTo identify and apply relevant cases

Practice Past exam question on Murder

Mens ReaMalice Aforethought

ImpliedMalice Aforethought

ExpressMalice Aforethought

Intention to _____________ Intention to _____________Kill

Cause GBH

Vickers (1957)Cunnigham (1981)

Mens ReaImplied

Malice Aforethought

Oblique intent: Aim was not the death of victim

For example

CJA’1967 s.8

ImpliedMalice Aforethought

Foresight of consequencesD must have foresaw that he would cause

death or serious injury

Do you remember what was decided in this case?

Foresight of consequence is evidence of intention but not intention in itself.Moloney Guidelines –Lord Bridge1. Was death or really serious injury a

natural consequence of act?2. Did D forsee consequences as being a

natural result of act.

TaskCompare the Moloney guidelines with CJA’67

s.8

- What is the difference?- Which should be followed? Why?

Lord Scarman (HL)“… the Moloney guidelines… are unsafe and misleading. They require a reference to probability. They also require an explanation that the greater the probability of a consequence the more likely it is that the consequence was foreseen…”

Lord Lane (CA)1. How probable was

consequence that resulted from D’s voluntary act?

2. Did D foresee that consequence? Is this 2 fold test correct?

Lord Steyn (HL)1. Jury should be directed that they

are not entitled to find the necessary intention unless they feel sure that death or serious injury was a virtual certainty as a result of D’s actions and D knew this

www.bailii.org

Transferred MaliceDefendant can be guilty if he intended the crime against a different victim

However

• If Mens rea is for completely different offence Defendant may not be guilty

• Eg Man throws stone intending for it to hit people. Stone actually hits and breaks window. Malice cannot be transferred.

• Pembliton (1874)

Key Point

• For the offence of Murder to be successful both the the AR and MR must be present

• (Thabo Meli V R (1954)

Complete the past question