criminal- MR

Question 1

MR

Answer 1

. the guilty mind

Question 2

types of MR

Answer 2

. intention
. recklessness
. gross negligence

Question 3

direct intention

Answer 3

. the D does everything within their power to achieve a prohibited consequence- R v Mohan
. intention= what a person is aiming to achieve

Question 4

indirect intention

Answer 4

. current test R v Woolin (confirmed in Matthews v Alleyne):
-were the consequences of the Ds actions virtually certain + did the D appreciate that the consequence was virtually certain
>if so, the jury is entitled to find intention based on all the evidence of the case- s8 Criminal Law Act 1967
. can be difficult for jury to find intent- R v Matthews and Alleyne

Question 5

recklessness

Answer 5

. R v Cunningham> did the D take an unjustifiable risk? was the D aware of the risk( R v G)?

Question 6

gross negligence

Answer 6

. only used in gross negligence manslaughter
. an objective standard based on the reasonable man