mens rea
- Created by: joshnicholls238
- Created on: 17-02-14 13:01
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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
- moloney guidelines
- hannock v shankland
- moloney guidelines unsafe and misleading
- no reference to probability
- moloney guidelines unsafe and misleading
- 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
- redressed maloney guidelines and probability
- wollin
- changed infer to find
- matthews v alleyne
- cof a no real difference between rule of evidence and one of substantive law
- where d will try to argue they meant to do something else and not what actually happened
- recklessness
- leading case initially cunningham
- subjective test
- cadwell
- introduced objective element
- r v g and another
- overruled cadwell
- test = subjective again
- overruled cadwell
- 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
- leading case initially cunningham
- intro
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