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2. 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.

3. 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.

  • R v Matthews & Alleyne 2003
  • Woollin 1998
  • Nedrick 1986
  • Mohan

4. '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

5. Mens Rea is the ...

  • Mental Element
  • Physical Element

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