Direct/ oblique intention

Question 1

What does Mens rea mean?

Answer 1

-‘guilty mind’
-necessary requirement for liability unless it is strict liability.
-crimes that require MR- ‘fault based’

Question 2

What are the two types of MR?

Answer 2

• intention
• recklessness

Question 3

What is meant by direct intention?

Answer 3

-D sets out to achieve a particular result.
-D foresaw the result as a virtual certiant and wanted to bring it about.

Question 4

‘Which case demonstrates direct intention?

Answer 4

R V Mohan

‘bring aboout his own act’

Question 5

R V Mohan?

Answer 5

‘aim, desire and purpose’

Question 6

Which crimes must be proved on specific intent?

Answer 6

-Murder
-S18 GBH.

Question 7

Which cases go with oblique intention?

Answer 7

-R V Nedrick
-R V Woolin
-R V Matthews & Alleyne

Question 8

R V Nedrick

Answer 8

-was the harm a virtual certainty of the defendants actions?

Question 9

R V Woolin

Answer 9

-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.

Question 10

R V Matthews& Alleyne

Answer 10

-D’s threw V in water who couldn’t swim.
-it was a virtual certianty that he would drown or suffer serious harm.