Criminal Law Flashcards
What is men’s rea?
The guilty mind
What is actus reus?
Guilty act
What are the types of intention?
Direct
Oblique/ indirect
What is direct intention?
defendants wants a result and carries out an act to achieve it.
What is oblique/ indirect intention?
defendants doesn’t want the result that occurs but realises that in acting as he does that it’s possible it’ll happen
What is meant by intention?
‘a decision to bring about, in so far as it lies within the accused’s power, no matter whether the accused desired that consequence of his act or not
Defendants notice is relevant when deciding intention
What is R v Nedrick 1986?
Defendant poured petrol through her letter box and ignited it.
As a result of the fire, a child died and Nedrick was charged with murder.
Trial judge direction to jury- knew it was highly probable that serious bodily harm would occur as a result of his act was misdirection.
Appealed and charged to manslaughter
Define ‘recklessness’
A situation where the defendant knows that there is a risk that his actions will lead to harm but goes on to take the risk regardless.
Define ‘intention’
“a decision to bring about, in so far
as it lies within the accused’s
power, [the prohibited
consequence], no matter whether
the accused desired that
consequence of his act or not”.
What is an omission?
A failure to act when someone is criminally liable.
What is the difference between a voluntary act and a state of affairs?
Defendant must have committed voluntary for it to be a voluntary act whereas a state of affairs is when the defendant hasn’t acted voluntarily but has nonetheless been convicted
