Mens Rea Learning Objectives To recall the elements required to prove mensrea for murder To identify and apply relevant cases Practice Past exam question on Murder
Mens Rea Malice Aforethought Express Malice Aforethought Implied Malice Aforethought Kill Cause GBH Intention to _____________ Intention to _____________ Vickers (1957) Cunnigham (1981)
Implied Malice Aforethought Oblique intent: Aim was not the death of victim Mens Rea For example
Implied Malice Aforethought Foresight of consequences D must have foresaw that he would cause death or serious injury CJA’1967 s.8
Foresight of consequence is evidence of intention but not intention in itself. Moloney Guidelines –Lord Bridge Was death or really serious injury a natural consequence of act? Did D forsee consequences as being a natural result of act. • Task • Compare 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) How probable was consequence that resulted from D’s voluntary act? Did D foresee that consequence? Is this 2 fold test correct?
Lord Steyn (HL) 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 Malice Defendant can be guilty if he intended the crime against a different victim
However • If Mensrea 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)