Chapter 2 - MR Flashcards
What is indirect/oblique intention?
A court may infer that D did intend the result if it was both virtually certain to occur and D appreciated this fact.
What is the different between a basic intent crime and a specific intent crime?
A basic intent crime can be committed intentionally or recklessly e.g assault.
A specific intent crime can only be committed intentionally e.g murder.
What is a crime of ulterior intent?
A crime of ulterior intent is one where proof of intention is required in relation to an extra element, going beyond the AR of an offence.
E.g s9(1) Theft Act 1968 -
“A person is guilty of burglary if—
(a)he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection… “
It must be shown that D intended to enter the building as a trespasser (or was reckless to this), in addition to D intended to steal, inflict grievous bodily hard or cause criminal damage
What is a strict liability offence?
A strict liability offence can be committed without fault or mens rea.
