Law - Mens Rea

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Mens Rea is the ...
Mental Element
1 of 12
The defendant will only be found guilty if ...
It is shown that he intended to commit the crime.
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The MR of murder is...
Intended to kill or cause grievous bodily harm
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Specific Intent Crimes -
Crimes where the only MR is intention (murder, s.18, theft)
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Basic Intent Crimes
Crimes can be committed intentionally or recklessly (assault, battery, s.47, s.20)
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'It was clear from the evidence that D's main aim was to seriously injure a police officer when he accelerated hard at him.'
Mohan
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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.
DPP v Smith 1961
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DPP v Smith was criticised by the Law Commission as -
looking at it from a reasonable man's POV ignores what the D see's
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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.
9 of 12
Killed 3 month old son, threw him against a wall & fractured his skull - died. Claimed real intention was to stop the baby's crying, not to kill.
Woollin 1998
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'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
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D pushed their v from a bridge knowing he couldn't swim, he fell 25ft and drowned. The trial judge told the jury that death was a virtual certainty & D appreciated this.
R v Matthews & Alleyne
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Other cards in this set

Card 2

Front

The defendant will only be found guilty if ...

Back

It is shown that he intended to commit the crime.

Card 3

Front

The MR of murder is...

Back

Preview of the front of card 3

Card 4

Front

Specific Intent Crimes -

Back

Preview of the front of card 4

Card 5

Front

Basic Intent Crimes

Back

Preview of the front of card 5
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