Murder: an intention to cause grievous bodily harm is sufficient mens rea
During a fight outside a pub in Wolverhampton, Kofi Mensah knocks Ahmed Raza to the ground and repeatedly kicks him in the head, intending to cause him really serious injury. Ahmed dies of a brain haemorrhage. Kofi is charged with murder. He tells police: 'I wanted to hurt him badly, but I never wanted him dead.' The jury believe him.
Which of the following best describes Kofi's liability?
Choose one answer to see the reasoning.
Worked answer
Correct answer B: He is guilty of murder, because an intention to cause grievous bodily harm suffices for murder.
THE RULE TO REMEMBER
The mens rea of murder is an intention to kill or to cause grievous bodily harm; the intended harm need not be life-threatening.
Murder: an intention to cause grievous bodily harm is sufficient mens rea
The mens rea of murder is an intention to kill or an intention to cause grievous bodily harm (really serious harm). In R v Jogee [2016] UKSC 8 the Supreme Court observed that murder already has a relatively low mens rea threshold, because it includes an intention to cause serious injury, without intent to kill or to cause risk to life. Kofi directly intended to cause Ahmed really serious injury and his kicks caused Ahmed's death. That is sufficient for murder even though he did not want or intend Ahmed to die. No partial defence arises on the facts.
Why A is wrong: An intention to cause grievous bodily harm is an alternative to an intention to kill.
Why C is wrong: The virtual certainty test (Woollin) applies to oblique intention; Kofi directly intended serious harm.
Why D is wrong: The intended injury need not be one that endangers life; intent to cause really serious harm is enough.
Why E is wrong: Gross negligence manslaughter concerns breach of a duty of care; here there is an intentional killing with murder's mens rea.
A little more practice done.
Related questions
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