Mens Rea

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  • Mens Rea
    • Definition
      • Latin for 'guilty mind.' Relates to mental element of the crime.
    • Direct Intention
      • When defendant intends and wants the result.(Rv Gregory and Mott (1995) murder when defendant intends to kill the victim.Rv Mohan (1976) - the courts identified direct intent as 'a decision to bring about, so far as it lies in the defendant's powers, the criminal consequence.'
    • Indirect or Oblique Intention
      • Defendant intends but not necessarily wants the result. The jury can infer intention if the consequence is a virtual certainty of the defendant's act AND the defendant appreciates this. (Rv Nedrick (1986) set a house on fire. Rv Woolin (1998) - threw his baby against a wall).
    • Subjective Recklessness
      • The taking of an unjustified risk. Subjective test so defendant must see risk. (Rv Cunningham (1957) - took money from gas meter and gas escaped).


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