TLG - Mens Rea Tests and Mechanisms - Criminal Law - Teacher/Student Handout (Word Doc)

• Word document version.

Building upon the previous two releases, this handout explores the criminal liability equation further by covering the various cases relevant to, and tests used for ‘Direct Intent’, ‘Indirect Intent’ (covering multiple case developments towards the now used ‘Virtual Certainty’ test for ‘Foresight of Consequences’ - really helpful for university students), ‘Recklessness’ (covering ‘Subjective Recklessness’ and the now non-applicable ‘Objective Recklessness’ standard), ‘Negligence’ as a criminal standard of mens rea (very rare) along with the Mens Rea mechanisms of ‘Transferred Malice’ and both strands of the ‘Coincidence Rule’ i.e. the differences between continuing act theory and transaction theory.