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You are here: Homepage » Criminal Law » A Level » Mens Rea

A Level Law (Criminal) Assignment 2 - Mens Rea

Task

You will be set one of the following questions:

 

1. 'The law relating to the mens rea of murder in England and Wales has now become settled through a series of judicial decisions which, taken together, have made it unnecessary for Parliament to legislate on the matter.'

Critically consider the truth of this statement.

(June 2001)

or

2. Discuss how successful the courts have been in defining the concept of intention.

(June 1999)

or

3. 'The Caldwell test fails to make a distinction which should be made between the person who knowingly takes a risk and the person who gives no thought to whether there is a risk or not.' (Smith and Hogan, 1992)

Consider the meanings of 'recklessness' in criminal law which gave rise to this criticism, indicating to what extent you agree with the criticism.

(June 1998)

or

4. Critically consider how the courts have defined 'intention'.

(June 1997)

or

5. Critically assess the meaning of the term 'reckless' in criminal law.

(June 1996)

or

6. "The repeated attempts of the House of Lords to define the meaning of intention have been unsatisfactory. The need for a statutory definition has never been more compelling."

 

Critically evaluate the validity of the above statement.

(June 1995)

or

7. The term "reckless" plays a crucial role in determining criminal liability yet its meaning still appears uncertain.

Critically assess the meaning of the term "reckless" in criminal law.

(June 1994)

or

8. "I do not consider that foresight of a high degree of probability is at all the same thing as intention. It is not foresight but intention which constitutes the mental element of the offence." (Lord Hailsham in Hyam v DPP (1974))

 

Critically discuss the way in which the appellate courts have dealt with the relationship between foresight of consequences and intention.

(June 1993)

or

9. '"Reckless" should today be given the same meaning in relation to all offences which involve "recklessness" as one of the elements unless Parliament has otherwise ordained.' (Lord Diplock, in R v Seymour (1983))

Is there any justification for applying more than one definition to the concept of recklessness?

(June 1992)

or

10. Critically assess the current law regarding the mens rea of murder.

(June 1991)

 

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