Mens Rea

Question 1

What is Oblique Intent?

Answer 1

No desire to act required from D, but the consequences of D’s action must be virtually certain to occur, and the defendant must understand this to be the case. (Nedrick(1986)) and (Woollin(1999))

Question 2

What is Direct Intent?

Answer 2

The consequences of the defendant’s actions are desired.

Question 3

What is the virtual certainty test?

Answer 3

Established in Nedrick (1986), the jury should be directed to consider whether the defendant had foresight that death or serious injury would be ‘virtually certain’ to result from his voluntary act.

Question 4

When was recklessness changed?

Answer 4

Reformed in 2003 (R v G and R [2003]UKHL 50), the objective test for recklessness (Caldwell) was rejected in favour of a subjective test. (Applies strictly to criminal damage)

Question 5

What is the subjective test for recklessness?

Answer 5

Found in Cunningham (1957)
1) Did the defendant foresee the possibility of the consequences occurring?
2) Was it unjustifiable or unreasonable to take the risk?

Question 6

What makes a person negligent?

Answer 6

1) They fail to foresee a risk a reasonable person would have foreseen
2) They do foresee a risk, however they either fail to take steps to avoid the risk, or they take steps that fall below the standard to be expected of a reasonable person