Mens rea for Murder

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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'.
    • 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.


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