• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Mens rea

Extracts from this document...

Introduction

Question Describe the mens rea element of a crime and its role in establishing criminal liability, using cases to identify different kinds of mens rea. Answer In order for an individual to be found guilty of a crime it is necessary for the prosecution in the majority of crimes to prove beyond reasonable doubt two important elements: Actus Reus - The physical act performed by the defendant Mens Rea - The guilty mind or mental act of the crime. Mens Rea means a guilty mind and refers to the intention element of the crime. ...read more.

Middle

There are three different levels of mens rea, which may form the basis of criminal liability, these are:- * Intention * Recklessness * Transferred Malice Intention is the highest level of mens rea. It is usually concerned with whether a person intends a particular result or consequence following their actions. In law there are two types of intent, Direct and Oblique. Direct Intent is where the defendant has a certain aim or result in mind and intends to achieve that result as in Matthews and Alleyne 2003. ...read more.

Conclusion

Transferred Malice is when someone intends to commit a crime against one person, but in fact commits the same crime against another. The law transfers the intention from the intended victim to the actual victim. This prevents the defendant from trying to argue that there was no mens rea so far as the actual intended victim was concerned as shown in R v Latimer 1886. However, if the original intention was to carry out a different crime from the original intent then it is not possible to transfer that intention as in R v Pembletion 1874 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Criminal Law (Offences against the person) - revision notes

    applies to this defence. The defendant must be totally intoxicated. However, that is where the similarity with involuntary intoxication finishes. Voluntary intoxication is a much more complicate defence; the key is whether or not the crime committed was one of specific or basic intent. Voluntary intoxication is only a defence to specific intent crimes.

  2. The Law Relating to Negotiable Instruments

    in good faith without consulting the customer, it has the right to charge the customer's account for the amount of the check. In the following case, a bank's payment of a stale check is at issue. The court's discussion of this issue is illustrative. Relevant Case GRANITE EQUIPMENT LEASING CORP.

  1. Law- Strict liability, mens rea actus reus

    In some cases, an intervening act can contribute to that consequence (problems arise from here on). This can occur where the victim takes avoiding action which leads to the injury of another person or where another person intervenes. These will be explained in more detail.

  2. Using actual situations describe the elements of actus

    If any of these is likely, the court will remand the accused in custody. Bail may be granted subject to conditions, such as the accused living at a certain address, or keeping a curfew (staying indoors between certain times), or subject to a surety, which is the guarantee of money

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work