Law - Mens Rea

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1. The CA guidelines if the D is denying D I: ' The jury should be directed that they are not entitled to infer the necessary oblique intent unless they feel that -Death or serious harm was a virtual certainty - D appreciated that such was the case

  • True
  • False
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Other questions in this quiz

2. D was driving his car, was ordered to stop by a policeman. He failed to do this so the policeman jumped on the bonnet of his car, D swerves and sped off to avoid the policeman, he was thrown off and killed.

  • Nedrick 1986
  • Woollin 1998
  • DPP v Smith 1961
  • R v Matthews & Alleyne 2003

3. 'It is necessary for the judge to direct the jury that they may only find an I to kill or do serious bodily harm if they are satisfied that: - Death or serious bodily harm was a v.c - D appreciated that death or serious bodily harm was a v.c

  • Lord Steyn
  • Lord Mance
  • Lord Denning

4. The defendant will only be found guilty if ...

  • It is shown that he intended to commit the crime.
  • It is shown that he was reckless to commit the crime.
  • It is shown that he intended or was reckless to commit the crime.

5. The CJA 1967 s.8 - 2 things were made clear in this:

  • Intention in criminal cases should be assessed subjectively (the jury must decide what the actual D I or foresaw). AND. If D can foresee the consequence, this is only evidence that D I the consequence, it does not mean he I the consequence.
  • Recklessness in criminal cases should be assessed subjectively (the jury must decide what the actual D I or foresaw). AND. If D cannot foresee the consequence, this is only evidence that D I the consequence, it does not mean he I the consequence.

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