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Slide 1

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Mens Rea…read more

Slide 2

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Mens Rea (MR)
· `the guilty mind'
· The state of mind that is necessary, together
with the AR, for a criminal offence to be
· Intention can be split into direct and oblique
· Recklessness involves taking and unjustifiable
risk.…read more

Slide 3

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Direct Intent
· This is the defendants aim/purpose when
committing an act.
· They do their very best to bring about the end
result. (Mohan 1976)…read more

Slide 4

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Oblique Intent
· Oblique = indirect (1998)
Bomb on a plane at 30,000 ft
­ Direct intent ­ destroy picture to collect £15
million insurance
­ Oblique intent ­ killing everyone on board
Test for oblique intent
· End result is certain or virtually certain AND
the defendant realises at the time.…read more

Slide 5

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· Recklessness means realising the end result is
possible and carrying on anyway did the
defendant realise? Not ought the defendant to
have realised.
· Cunningham recklessness (subjective
recklessness) prosecution failed to prove he
recognised the risk. Therefore they hadn't proved
the MR.
· Stephenson ­ defendant was a schizophrenic
(serious) and a tramp. He slept in a haystack and
lit a fire inside. The haystack caught fire. His
schizophrenia meant that he didn't realise the
consequences.…read more

Slide 6

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Coincidence of AR and MR &
Transferred Malice…read more

Slide 7

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Slide 8

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Slide 9

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Slide 10

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