Direct/ oblique intention Flashcards

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1
Q

What does Mens rea mean?

A

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

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2
Q

What are the two types of MR?

A
  • intention
  • recklessness
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3
Q

What is meant by direct intention?

A

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

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4
Q

‘Which case demonstrates direct intention?

A

R V Mohan

‘bring aboout his own act’

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5
Q

R V Mohan?

A

‘aim, desire and purpose’

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6
Q

Which crimes must be proved on specific intent?

A

-Murder
-S18 GBH.

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7
Q

Which cases go with oblique intention?

A

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

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8
Q

R V Nedrick

A

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

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9
Q

R V Woolin

A

-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.

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10
Q

R V Matthews& Alleyne

A

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

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