Mens Rea - Oblique Intent
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.
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.
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