- Created by: Emilyharvey99
- Created on: 07-12-16 16:23
Mens rea expressed or implied
Expressed = The intention to Kill
Implied = Intention to cause GBH (Vickers)
Foresight of consequences
- Moloney = Mens rea is nothing less than the intent to kill or cause GBH
- Hancock and Shankland = The greater the probability of consequence the more likely the consequence is foreseen, so the more likely the consequence is foreseen the greater it is intended.
- Nedrick = Did the jury foresee that death/serious injury was a virtual certainty? And did D foresee that Death/serious injury was a virtual certainty?
The intention for murder is nothing less than the intention to kill or cause GBH. D's foresight of consequences of his actions is no more than evidence in which the jury may find intent.