Mens rea

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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.


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