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Criminal Law: General Elements of Liability

Mens rea: intention

  • 3 things to know
  • A2 Units 3 and 4

Overview

Mens rea, direct intention and oblique intention.

What you need to know

Answer each one before you reveal it.

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Key term

Distinguish intention from motive.

Key term

What does mens rea mean?

Key term

State the highest form of mens rea.

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does mens rea mean?

    Model answer

    Mens rea is the mental element of an offence, the state of mind the prosecution must prove the defendant had when the actus reus occurred.

  2. 2

    State the highest form of mens rea.

    Model answer

    Intention is the highest form of mens rea, and it is required for the most serious offences such as murder.

  3. 3

    Define direct intention.

    Model answer

    A defendant intends a consequence directly where it is their aim or purpose, so they act in order to bring it about.

  4. 4

    Which case defined intention as a decision to bring about a consequence?

    Model answer

    R v Mohan (1976) defined intention as a decision to bring about the prohibited consequence, whether or not the defendant desired it.

  5. 5

    What is oblique intention?

    Model answer

    Oblique intention arises where the consequence was not the defendant's purpose but was a virtually certain side effect of what they set out to do, and the defendant appreciated that.

  6. 6

    State the direction approved in R v Nedrick (1986).

    Model answer

    The jury may infer intention where death or serious harm was a virtual certainty from the defendant's act and the defendant appreciated that it was.

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BThe breach carried a reasonably foreseeable risk of death.
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