Mens Rea

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  • Created by: Tom Ower
  • Created on: 22-05-13 12:46
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  • Mens Rea
    • Intention
      • Where the offender makes a decision to break the law
      • Direct Intent - Clear that a person intends a result when it is their aim.
        • R v Mohan 1976
      • Oblique intent - Intends to break the law, but the result is not their primary intention
        • Hancock and Shankland 1986
        • R v Nedrick 1986
        • R v Woolin 1998
          • Can only convict if D saw consequence of their act as a virtual certain consequence.
            • R v Nedrick 1986
    • Recklessness
      • Where the offender acts while realising that there is a possibility that his/her actions could cause the illegal outcome
      • R v G and others 2003
        • 'Unjustified risk-taking'
      • R v Cunningham 1957
        • 'Cunningham recklessness' - D appreciated that his or her actions created an unjustified risk and went ahead with it anyway.


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