State Of Mind Flashcards

1
Q

Specific intent

A

When the defendant I shown to have a specific intent ie murder or 91A burglary

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2
Q

Basic intent

A

No further proof of anything to bring around the circumstances
Reckless is enough to satisfy the element
Ie s20 or TWOC

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3
Q

Recklessness

A

Subjective
A circumstance where the defendant is aware that the risk exists or will exist
A result where he/she is aware that the risk will occur
Different crime / different Risk

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4
Q

Malice

A

The actual intention to cause someone harm or at least foresight of the risk
Ie throws a coin at someone intending to hit their head but hits their eye and blinds them - still a s20 because he knew it would cause some harm and took the risk.

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5
Q

Wilfully

A

Means intentionally or recklessly ( subjective)

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6
Q

Knowing

A

Someone who feels certain about something

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7
Q

Belief

A

Knowing implies something correctiveness belief could turn out to be mistaken

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8
Q

Negligence

A

Falls below the standard of a reasonable person

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9
Q

Strict liability

A

No mens rea required

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10
Q

Transferred mens rea

A

State of mind transferred from one victim to another. Must be the same offence.
Man lashes out with a belt at some one but hits another - same offence. But if breaks a window no mens rea.

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