Oblique, sometimes known as indirect intention, is explaned in the case of R v Woolin. The aim of D is different to what actually occurs.
1 of 3
R v Woolin Case facts
R v Woolin
The father of a baby was really angry because his baby wouldn't stop crying. Out of his anger the man through his offspring towards a cot, he missed and the baby hit it's head on a hard surface. Fracturing it's skull and eventually killing it.
2 of 3
How do we establish Indirect intent?
The Virtual Certainty test
To make establish mens rea for oblique intent we need to ask two questions.
1. Is the consequence a virtual certainty of D's actons?
2. Did the D realise that it was a virtual certainty
Comments
No comments have yet been made