mens rea Flashcards
what does mens rea literally translate to
the guilty mind
what are the types of men’s rea
intention or recklessness
What are the different types of intention?
direct and oblique.
What is the judicial definition of direct intention?
“a decision to bring about… the prohibited consequence” - R v Mohan.
What is oblique intention?
When the event is a natural consequence of a voluntary act and they foresee it as such.
It is evidence from which specific intention can be inferred.
What is the test for oblique intent?
The virtual certainty test.
What case was the test for oblique intent stated?
Stated in R v Nedrick and confirmed in R v Woollin.
What does the virtual certainty test do?
It allows the jury to infer specific intention if:
The outcome is a virtually certain consequence of the act and;
D knows that it is a virtually certain consequence.
The jury may infer specific intention but doesn’t have to do so.
What do most specific intent crimes have?
A basic intent alternative (recklessness).
