Mens rea - the guilty mind; needed to find criminal liability
- Formed by either Direct or Oblique Intent
Direct intent - consequence is the the defendants desired result
- R v Mohan (drove off from police)
Oblique intent - not defendants desired purpose but they knew of a probable outcome
- Moloney 1985 - natural and probable test - the result was a natural and probable event.
- Nedrick 1986 - virtual certainty test!
- Woolin (threw baby at pram, missed and hit wall, baby died)
- Matthews and Alleyne (threw victim who couldnt swim off bridge)
Virtual certainty - if an action is being carried out there is a virtual certainty of a specific liable result.
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