1. Mens Rea Learning Objectives
To recall the elements required to prove mens rea for murder
To identify and apply relevant cases
Practice Past exam question on Murder

2. Mens Rea Malice Aforethought Express Malice Aforethought Implied
Kill
Cause GBH
Intention to _____________
Intention to _____________
Vickers (1957)
Cunnigham (1981)

3. Mens Rea Implied Malice Aforethought
Oblique intent: Aim was not the death of victim
For example

4. Foresight of consequences
Implied
Malice Aforethought
Foresight of consequences
D must have foresaw that he would cause death or serious injury
CJA’1967 s.8

5. Do you remember what was decided in this case?

6. Task Compare the Moloney guidelines with CJA’67 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?

7. 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…”

8. How probable was consequence that resulted from D’s voluntary act?
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?

9. 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

10. Transferred Malice
Defendant can be guilty if he intended the crime against a different victim

11. 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)

12. Key Point
For the offence of Murder to be successful both the the AR and MR must be present
(Thabo Meli V R (1954)

14. Complete the past question