Mens rea for Murder
- Created by: Keeva_Fitzgerald
- Created on: 28-09-20 16:22
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- Intention for Murder
- Direct Intent
- Defined in Mohan- 'D's aim, purpose or desire to bring about a certain result.
- Indirect Intent
- D intends one particular result but his actions leads to an additional or different result.
- R v Nedrick, D poured paraffin through the letterbox of a womens house and killed her child. D only wanted to scare her. Lord Lane said 'the jury must be sure that the consequences of D's actions, were a virtual certainity and that D appriciated this'.
- D intends one particular result but his actions leads to an additional or different result.
- Mens rea is 'malice aforethought, express or implied by law'.
- Malice aforethought means 'intention'. D must either have an expressed intention= intention to kill. or an implied by law intent= intention to cause GBH.
- Implied by Law
- Expressed Intention
- Definition of murder= the unlawful killing of a human being under the queens peace with malice aforethought, expressed or implied permission.
- Direct Intent
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