1. Malice aforethought and Intent
Mens rea of Murder
Intent to kill
Intent to do GBH Or

2. INTENT
WE CAN DIVIDE THIS INTO 2 TYPES:
DIRECT INTENT: Eg I want to kill someone and I kill them.
Direct intent is when the outcome of the crime is the defendant’s purpose or aim.
R v Mohan - A driver of a speeding car accelerated straight towards a policeman trying to stop him. The defendant was convicted on a dangerous driving charge. The issue of mens rea was raised regarding the attempted ABH by driving towards the police man. For the attempt the specific intent is described as…
“a decision to bring about, insofar as it lies within the accused’s power , the commission of the offence”

3. INDIRECT OR OBLIQUE INTENT
INDIRECT INTENT : ask two questions
Is the outcome a VIRTUAL CERTAINTY?
Does the defendant KNOW this?

4. Cases illustrating indirect intent
R v Nedrick A man set fire to house by putting paraffin soaked rag through letter box and setting light to it. Woman’s son died. Judge directed jury wrongly so a verdict of manslaughter was substituted for the conviction for murder. The correct direction was that they could infer intent if the outcome was virtually certain and the defendant knew this. R v Woollin A man threw his small baby against a hard surface in anger. Again a verdict of manslaughter was substituted as the jury were wrongly directed. Only if the outcome was virtually certain and the defendant knew this could the jury find the defendant had intent. R v Matthews & Alleyne Indirect intent is evidence for intent but is not intent itself! In this case a group of boys forced a boy off a bridge who could not swim. The prosecution showed they had indirect intent as it was a virtual certainty the boy would drown and they knew this.

5. “Transferred Malice”
Where the actus reus are similar – if the outcome is to a different victim to the intended victim the defendant will still be held to have intended that outcome.
R v Latimer man still guilty of malicious wounding where he hit an unintended victim with his belt in a fight in a pub
R v Pembliton man threw a stone at some people but broke a window instead – no transferred malice as criminal damage and harm to a person have different types of actus reus. Not transferred malice where the actus reus differs.
R v Mitchell man in post office queue argued with another man and pushed him. The man who was pushed fell onto an old lady who suffered a broken hip and later died. The defendant was guilty of the old lady’s unlawful act manslaughter through transferred malice.