Mens Rea

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  • Created by: Unknown26
  • Created on: 30-03-13 12:29
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  • Mens Rea
    • Mens rea means the 'guilty mind' and it is the state of mind the defendant must of had at the time of committing the offence.
    • 2 types of mens rea: intention and subjective recklessness.
      • Intention is the decision to bring a particular consequence ( Mohan).
        • Intention can be direct, which is when it is the defendants aim and purpose to cause a particular consequence. e.g hitting someone with an iron bar and wanting them to suffer serious injury.
        • Indirect intention is where the actual result goes beyond the desired result. e.g the virtual certainty test.
          • Nedrick and Woolin.
            • In these cases, the virtual certainty test is used, it is asked was the consequence a virtual certainty of the defendants actions? And did they realise this?
      • Subjective recklessness considers risk taking and it has two tests:
        • These came from the case of Cunningham.
          • Did the defendant realise the risk?
          • Did the defendant go on to take the risk anyway?

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