Mens Rea Flashcards
Why is there a difference between s.18 and s.20 of the OAPA 161
The men’s rea that is required, such as men’s rea must distinguished from motive
What is the men’s rea of a crime
The guilty mind of the defendant
Motive can be relevant in some crimes, what crimes would these be
Racial and gender
What are the two different routes of intention?
Direct intention or indirect
What is direct intent
This occurs when the consequence is the defendants aim or purpose
What would be a case law for direct intent
Mohan (1976)
What is indirect intention
Where you don’t intend the consequences that happen
What would be a case for direct intention
Woollin - threw his baby against the wall after losing his temper and did not intend on killing his son
What is the the two part test to decide whether the defendant had oblique intent to cause harm
A) - the consequence is a virtually certain result of an act
B) - the defendant knows that it is a virtually certain consequence
What is recklessness
Where the defendant knows there is a risk but goes ahead with it anyway
What is a case recklessness
Cunningham - the defendant broke into a prey-pay gas meter to steal money in it, leaked the gas can caused the neighbours to get ill
