Mens Rea

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Created by: TabithaNash16
Created on: 18-10-20 16:55

What is the definition of Men's Rea?

concerned with the state of mind of the defendant
mental element of the crime

1 of 10

subjective?

defendant

2 of 10

objective

reasonable person

3 of 10

meaning of intention

intention differs from motive or desire

4 of 10

R v moloney?

defendant shot his step father and killed him

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R v Smith 1960 ?

army soldier got into a fight in an army barracks and stabbed another soldier, the injured soldier was taken to the medics but he was dropped twice, they failed to diagnose his punctured lung so he died

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R v Inglis 2011?

mother gave her son a lethal dose of heroin, he suffered severe brain damage and was left disfigured, she believed he would not want to live so she killed him

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what is direct intent?

where the defendant embarks on a course of conduct seeking to bring about a result which in fact occured

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what is oblique intent?

where a defendant intends a particular result and carries out actions to bring about that result in other consequences not directly intended by the defendant

9 of 10

DPP v Smith 1961?

a policeman tried to stop defendant driving off by jumping in front of the bonnet, the defendant drove off at speed and swerved to try and get him off, he died, defendant was convicted of murder although argued that there was no intention

10 of 10

Other cards in this set

Card 2

Front

subjective?

Back

defendant

Card 3

Front

objective

Back

Card 4

Front

meaning of intention

Back

Card 5

Front

R v moloney?

Back

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Mens Rea