In the past “judges [have] struggled to define the meaning of mens rea words,
particularly intention and recklessness, creating uncertainty and confusion.”
Criminal Law (15th edn) by Michael J. Allen and Ian Edwards
(a) What are the legal definitions of intention and recklessness?
(b) Discuss whether the law on mens rea is clear.
(c) Do you agree with the view expressed by Allen and Edwards?
Notes:
1. You are NOT required to discuss either negligence or strict liability in your
oral presentation.
2. You may be asked questions on NEGLIGENCE ONLY in the assessment (in
addition to intention and recklessness).
Part B
In this part, you are required to complete a written analysis on the criminal liability of
two defendants as set out below.
You are a paralegal working in the Crown Prosecution Service. Your supervisor has
been asked by the police to give charging advice in relation to two defendants, Joey
Jones and Ched Wheelwright who have been arrested for a number of offences. She
asks you to analyse the evidence carefully and provide written advice on the following
incidents, which are outlined in her email – Document 1.
To do this, you will need to consider the elements required to establish the actus
reus and mens rea for:
Joey and Ched for attempted grievous bodily harm of Ricky;
Joey for robbery of Alana;
Ched as secondary offender to the robbery of Alana;
Joey for the murder of Mario;
Ched as secondary offender to the murder of Mario.
When doing so state where relevant:
– the law you are relying on
– the authority for this (statute / case law)
Then
– APPLY to the facts
– draw a mini conclusion at each stage of your analysis.
You do NOT need to consider liability for any other offences.
The total word count for Part B of this Assessment should NOT exceed 800
words. Any words over this total will not be marked.