Mens rea

Mens rea is a Latin term referring to the mental element of criminal liability and broadly there are 2 types of mens rea; intention and recklessness.

• It can be either an actual intention to do the particular kind of harm, or
• recklessness whether such harm should occur or not.

Intention is also known as specific intent and can be split into two types:

Direct Intent - the defendant's aim and purpose is to bring about the consequence. He set off on a course of action trying to bring about a certain consequence and that is what occurs.

R v Mohan (1976)
A police officer signialed the defendant to stop his car. The defendant accelarated towards the police officer who jumped out of the way and the defendant drove off without stopping.


Oblique intent
1.The consequences of the defendant’s actions were virtually certain and
2.the defendant foresaw this.

R v Woollin [1998]
The defendant lost his temper with his three month old son and threw him towards his cot. He missed and the baby hit the wall behind. The baby was badly injured and died as a result.
Serious harm was virtually certain

Recklessness - The defendant realised there was a risk of the result occurring but went ahead
with his actions anyway. (Conscious risk taking or taking an unjustified risk)

R v Cunningham [1957]
The defendant broke into a gas metre to steal the money inside. The gas leaked into the property next door and made the resident ill. D was charged, with having unlawfully and maliciously caused V to take a certain noxious thing, coal gas, so as thereby to endanger her life.

Held: The correct test is whether D foresaw that the removal of the gas meter might cause injury to someone but nevertheless removed it.

Not guilty (on misdirection)