Direct/ oblique intention Flashcards
What does Mens rea mean?
-‘guilty mind’
-necessary requirement for liability unless it is strict liability.
-crimes that require MR- ‘fault based’
What are the two types of MR?
- intention
- recklessness
What is meant by direct intention?
-D sets out to achieve a particular result.
-D foresaw the result as a virtual certiant and wanted to bring it about.
‘Which case demonstrates direct intention?
R V Mohan
‘bring aboout his own act’
R V Mohan?
‘aim, desire and purpose’
Which crimes must be proved on specific intent?
-Murder
-S18 GBH.
Which cases go with oblique intention?
-R V Nedrick
-R V Woolin
-R V Matthews & Alleyne
R V Nedrick
-was the harm a virtual certainty of the defendants actions?
R V Woolin
-Threw child at wall.
-Was the death as a consequence a virtual certainty.
-Did the defendant know it was a virtual certainty (more than probable).
-Was there a substantial risk of injury.
CASE LAY DOWN THE TEST FOR OBLIQUE INTENTION.
R V Matthews& Alleyne
-D’s threw V in water who couldn’t swim.
-it was a virtual certianty that he would drown or suffer serious harm.