Mens Rea Flashcards
1
Q
Definitions
A
Mens rea is Latin for the guilty mind, this is all the mental elements of an offence. This needs to be proved along side the AR.
2
Q
Direct intention
A
Direct intention is where it obvious to the jury that D intends the acts and the consequences for example in Mohan it was described as a decision by D to bring about the consequences
3
Q
Indirect intention
A
This is where it is not so obvious to the jury that D intended the act for example D shoots V in leg and V later dies. Here the jury would use the leading case of Woolin which asks:
1) was death or injury virtually certain?
2) did D realise this?
Matthews & Alleyne adds this is evidence but not proof of intent
4
Q
Recklessness
A
Where D sees an unjustified risk and takes it - R v Cunningham
