Mens Rea Flashcards
Direct intent
The defendant means their acts and the consequences that come with it.
Mohan - when being stopped by police, rather than stopping, Mohan drove straight into the police rather than stopping.
Oblique intent
Foresight of consequences.
Virtual certainty test.
Defendant could foresee the consequences to be virtually certain.
Nedrick - Nedrick and Viola argue. He pours petrol in her letterbox and sets it on fire. Viola escapes and survives but her child doesn’t. Tried for murder.
Recklessness
Where you take an unjustified risk.
Tested with a two part test.
G&R - Two boys go camping without their parents’ permission. They make a fire out of newspapers and leave it thinking the fire had went out. These newspapers were blown into a bin and the fire spread into the shop. This created £1 million worth of damage. They were both prosecuted.