Mens Rea - Oblique intent

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  • Created by: Max_
  • Created on: 26-01-16 08:43

Mens Rea - Oblique Intent

Introduction

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.

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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.

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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

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