mens rea

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  • Mens Rea
    • intro
      • means guilty mind + prosecution must prove actus reus and mens rea
      • Should Not be confused with motive
        • motive explains why d committed act
        • mens rea = state of d mind when act was carried out
    • intent
      • no actual definition though there are guidelines judge may use to direct juries
      • tes is always subjective i.e what was in mind when committed act not what we should have been aware of but what d was actualy aware of when ciommiting the act
      • criminal justice act 1967 = just because somebody does something doesn't mean somebody caused result
        • might not have capacity
    • direct intent
      • d sets out to achieve a particular result. so if d sets out to achieve their aim and succeeded theres no problem of proving intent
    • indirect intent
      • where d will try to argue they meant to do something else and not what actually happened
        • look at foresight of circumstance
      • Hyam
        • judgment later declared wrong
      • moloney
        • moloney guidelines
          • 1) was death or serious injury a natural consequence of the d's act
          • 2) did the d forsee that
      • hannock v shankland
        • moloney guidelines unsafe and misleading
          • no reference to probability
      • nedrick
        • redressed maloney guidelines and probability
          • 1) was death or serious injury a virtual certainty to result from the d illegal act
          • 2) did d foresee this as a virtual certainty
      • wollin
        • changed infer to find
      • matthews v alleyne
        • cof a no real difference between rule of evidence and one of substantive law
    • recklessness
      • leading case initially cunningham
        • subjective test
        • cadwell
          • introduced objective element
      • r v g and another
        • overruled cadwell
          • test = subjective again
      • test =
        • 1) a circumstance when he is aware that it exists or will exist
        • 2) a result when he is aware of a risk that it will occur
      • subjective recklessness applies to many offences

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