Mens Rea Flashcards

1
Q

Direct intent

A

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.

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2
Q

Oblique intent

A

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.

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3
Q

Recklessness

A

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.

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