mens rea

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  • Created by: abbie01xo
  • Created on: 08-05-18 14:11
what is mens rea?
the state of mind the defendant has when carrying out the actus reus
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what are the two forms of mens rea?
intention and recklessness
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what are the two types of intention
direct and indirect (oblique intent)
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what case defines direct intent
mohan
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what is the defintion of direct intent
a decision to bring about a prohibited consequence
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what is indirect intent?
where the defendant’s aim to make one thing happen but in achieving this aim something else also happens
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what case does the test for indirect intent come from
woollin
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what are the two questions needing answering for the indirect intent test?
is the consequence a virtual certainty of the defendant’s actions, and did the defendant realise that the consequence was a virtual certainty?
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what case establishes recklessness
cunningham
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what three questions are answered for recklessness
is the defendant taking an unjustifiable risk, would the ordinary person appreciate the risk of the consequences happening and did the defendant appreciate the risk of the consequence but go ahead and take the risk anyway?
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what must the courts consider?
what the defendant was actually thinking at the time
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Card 2

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what are the two forms of mens rea?

Back

intention and recklessness

Card 3

Front

what are the two types of intention

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Card 4

Front

what case defines direct intent

Back

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Card 5

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what is the defintion of direct intent

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