mens rea Flashcards
1
Q
it is…
A
- an essential element, without it D wouldn’t be guilty (unless it’s strict liability)
2
Q
R v Clarke
A
- lacked the mental element of theft and was acquitted
3
Q
INTENTION
Mohan defined it as…
A
- a decision to bring about, in so far as it lies within the accused’ s power, no matter whether the accused desired that consequence of his act or not
4
Q
INTENTION
he illustrates…
A
- motive isn’t the same as intention and not relevant in deciding intention
5
Q
DIRECT INTENTION
this means…
A
- defendant intends the specific consequence of the act to occur
6
Q
DIRECT INTENTION
defendant must…
A
- foresee the consequences and do everything possible to bring them about
7
Q
DIRECT INTENTION
the test is…
A
subjective - defendants thoughts in those circumstances
8
Q
OBLIQUE INTENTION
this is when…
A
- d intends one thing but actual consequence is another
9
Q
OBLIQUE INTENTION
applies to
A
- murder where the d didn’t have the aim or desire to kill the victim
10
Q
OBLIQUE INTENTION
however…
A
- d will be liable if they realised that death row serious injury were a virtual certain consequence
