4453509
Descrição
Mapa Mental por cheerpassion, atualizado more than 1 year ago
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Criado por cheerpassion
quase 9 anos atrás
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Law - Mens Rea
- The mental element of an offence. It
is the 'guilty mind'. Each offence has
its own mens rea to be guilty. It must
be proved that D had the relevant
mens rea.
- There are different levels of mens
rea so the law can identify the
degree to which a person is at
fault for their actions. D must
have at least the minimum mens
rea for the offence to be found
guilty.
- The courts have developed definitions
of common states of mind found in
criminal liability.
- Recklessness
- D will have acted
recklessly where he knows
there's a risk of the result
happening, but takes the
risk.
- CUNNINGHAM: D tore a gas meter
from the wall of an empty house in
order to steal the money in it. This
caused gas to seep into the house next
door, making V ill. D was not liable as
he didn't know there was a risk of gas
escaping into V's house. He had not
intended to cause the harm, nor had
he taken a risk he knew about.
- CUNNINGHAM: D tore a gas meter
from the wall of an empty house in
order to steal the money in it. This
caused gas to seep into the house next
door, making V ill. D was not liable as
he didn't know there was a risk of gas
escaping into V's house. He had not
intended to cause the harm, nor had
he taken a risk he knew about.
- D will have acted
recklessly where he knows
there's a risk of the result
happening, but takes the
risk.
- Indirect Intent
- A court may find that D
indirectly intends a result
where that result is not
desired but is virtually
certain to occur.
- WOOLIN: D intended to throw the
crying baby into the pram to
make the baby be quiet. He
missed and the baby died.
Convicted of manslaughter not
murder as he didnt think the
baby would be seriously injured.
- WOOLIN: D intended to throw the
crying baby into the pram to
make the baby be quiet. He
missed and the baby died.
Convicted of manslaughter not
murder as he didnt think the
baby would be seriously injured.
- A court may find that D
indirectly intends a result
where that result is not
desired but is virtually
certain to occur.
- Direct intent
- D directly intends a result
where it is his aim or purpose. D
desires the result and sets out
to achieve it.
- As set out in the case of MOHAN
- As set out in the case of MOHAN
- D directly intends a result
where it is his aim or purpose. D
desires the result and sets out
to achieve it.
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