Mens rea
- Created by: Molly Byrne
- Created on: 05-03-15 20:43
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- Mens rea
- Intention
- Mental state at the time of the crime
- Literally translates to guilty mind
- Is irrespective of motive - R v Moloney
- Direct intention
- The idea that the df intends a consequence to happen if their aim or purpose is to achieve it
- Oblique intention
- A virtually certain consequence
- the consequence is not in the straight line of your purpose, but a side effect that you accept as inevitable - G Williams
- R v Nedrick
- R v Woolin
- Recklessness
- An unjustified risk
- Law has changed through 3 cases:
- R v Cunningham (1) - Set a subjective test
- R v Caldwell (2) - Set an objective test as unfair to allow drunk individuals to state they were unaware of risk
- R v G (3) - Back to the subjective test. Asks if the individual could see the risk not the reasonable man. This is due to the case re children.
- Intention
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