Mens Rea (Guilty Mind)

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  • 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.
    • Mens Rea (Guilty Mind)
  • 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.
    • 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

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