MR - Intention Flashcards

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0
Q

What is meant by intention

A

Eg goal, aim, purpose

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1
Q

What are the 3 types of MR

A

Intention
Recklessness
Negligence

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2
Q

What type of MR is the most serious

A

Intention

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3
Q

What are the 2 types of intention

A

Direct and oblique

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4
Q

What is direct intention

A

Where D forsaw a particular result- defined in Maloney

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5
Q

What is oblique intention

A

Where It wasn’t D’s purpose to kill or seriously harm however, they knew it would inevitably lead to it

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6
Q

Criticisms of oblique intention

A

Parliament hasn’t defined it
Up to the jury wether necessary intent was present
Developed through case law

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7
Q

Is the test for oblique intention subjective or objective and what case does it come from

A

Oblique

DPP v Smith “D had intent for murder bc an ordinary person would’ve seen risk”

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8
Q

Where does guidance for the oblique intent come from

A

Statutory guidance

S.8 cja 1967

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9
Q

Nedrick

A

COA made an oblique intention test

1) how probable was the consequence
2) did D foresee the consequence as virtually certain

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10
Q

Which case does the test for oblique intention come from

A

Nedrick

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11
Q

What case was the Nedrick test approved in

A

Woolin

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12
Q

What is the leading case on oblique intention

A

Woolin

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13
Q

Matthews and Alleyne

A

Judge misdirected jury by telling them ‘if D had appreciated that pushing V into a river would be virtually certain to result in death the he MUST HAVE intended to kill’
Virtual certainty test is evidence not a definition and the jury should’ve been directed that THEY had to draw a conclusion as to wether D had intention or not

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14
Q

What is transferred malice

A

If D has the men’s rea for a crime but does the actus reus of the crime against another person than intended, D is still guilty

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15
Q

Latimer

A

D argued he had no MR to attack woman. Court said the intention for the crime against the man could be transferred onto the woman he actually attacked.

16
Q

Pembliton

A

D threw stone intending to hit someone. Missed and hit a window, charged with criminal damage.
Conviction was quashed bc intention can’t be transferred between crimes.

17
Q

What is contemporaneity

A

AR and MR must be present at the same time in order to be guilty

18
Q

Fagan

A

D drove over policemans foot by accident. When he realised he turned engine off. D argued when he drove on foot he had no MR
COA said that driving on V’s foot and staying there was a continuing act. It was enough that at one point he had enough MR

19
Q

Thabo meli

A

D tired to kill a man. Believing he was dead he pushed him off a cliff. V died at bottom of cliff. D argued when AR occurred he had no MR. Courts may treat a series of acts as one transaction if the men’s rea was present at any time then it coincides with AR