1B - Mens Rea

Question 1

Direct intention

Answer 1

-R v Mohan
-D’s main aim or purpose to bring about the unlawful consequence

Question 2

Indirect intention tests

Answer 2

Woolin
(1) the reasonable person would have known the consequence was virtually certain to happen (objective limb) and
(2) the defendant knew the consequence was virtually certain to happen (subjective limb)
Confirmed in Matthews and Alleyne

Question 3

Recklessness

Answer 3

-R v Cunningham
-Defined recklessness as where the accused foresaw that the particular kind of harm might be done but still took the risk