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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2. 'It was clear from the evidence that D's main aim was to seriously injure a police officer when he accelerated hard at him.'

  • Nedrick 1986
  • Mohan
  • DPP v Smith 1961
  • Woollim 1998

3. Indirect.Oblique Intent - the consequence was not the purpose of the defendants actions

  • True
  • False

4. Mens Rea is the ...

  • Mental Element
  • Physical Element

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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