Mens Rea (Guilty Mind)
- Created by: Domingo
- Created on: 16-04-13 19:41
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- Mens Rea (Guilty Mind)
- Two types of Mens Rea
- Subjective recklessness
- D recognizes there is a risk and sees it as a mere possibility
- Sometimes hard to prove as requires looking at what's in D's mind
- D takes an unjustifiable risk
- Cunningham (1957)
- Removed gas meter from wall and the neighbor became ill from escaped gas
- Guilty
- R v G & another
- Two boys found some old newspapers outside the Co-op which they lit and threw under a wheelie bin.
- The burning newspapers set light to the wheelie bin and the fire spread to the Co-op shop and caused over £1m of damage.
- It was argued that they did not see the risk that the fire would spread.
- The burning newspapers set light to the wheelie bin and the fire spread to the Co-op shop and caused over £1m of damage.
- Two boys found some old newspapers outside the Co-op which they lit and threw under a wheelie bin.
- D recognizes there is a risk and sees it as a mere possibility
- Mens Rea (Guilty Mind)
- Subjective recklessness
- Intention
- Two types of Mens Rea
- Subjective recklessness
- D recognizes there is a risk and sees it as a mere possibility
- Sometimes hard to prove as requires looking at what's in D's mind
- D takes an unjustifiable risk
- Cunningham (1957)
- Removed gas meter from wall and the neighbor became ill from escaped gas
- Guilty
- R v G & another
- Two boys found some old newspapers outside the Co-op which they lit and threw under a wheelie bin.
- The burning newspapers set light to the wheelie bin and the fire spread to the Co-op shop and caused over £1m of damage.
- It was argued that they did not see the risk that the fire would spread.
- The burning newspapers set light to the wheelie bin and the fire spread to the Co-op shop and caused over £1m of damage.
- Two boys found some old newspapers outside the Co-op which they lit and threw under a wheelie bin.
- D recognizes there is a risk and sees it as a mere possibility
- Subjective recklessness
- Oblique intention
- D did not necessarly want the result but:
- Foresaw it as a virtual certainty
- Determined to carry on anyway
- Woolin (1998)
- Sets out virtual certainty test
- Untitled
- Sets out virtual certainty test
- D did not necessarly want the result but:
- Two types of Mens Rea
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