Mens Rea Flashcards
What is the subjective test
Something is looked at or considered from an individuals point of view
What is the objective test
Something is looked at or considered from the viewpoint of an average person
What are the 2 types of men’s rea
- Intention (2 types)
- Subjective recklessness
What are the 2 types of intention
- direct intention
- Oblique intention
What does direct intention mean
Defendant achieves his aim, purpose and objective
What’s oblique intention
It is a virtual certainty of his actions, and D knows it’s a virtual certainty
What are the cases for oblique intention
R v Matthew’s and Alleyne
R v Woolin
R v Cunningham
Legal principle for R v Matthew’s and Alleyne
Death was virtually certain
Legal principle for R v Woolin
The D didn’t realise it was virtually certain, therefore he wasn’t convicted of murder
What does reckless mean in law
Taking an unjustified risk
Subjective recklessness definition
D takes an unjustified risk and foresees the risk of harm in his actions, but does it anyway
Legal principle for R v Cunningham
D takes an unjustified risk but was not reckless because he didn’t foresee the risk of harm in his actions
