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46191
Mens rea
Descrição
Law (Criminal law) Mapa Mental sobre Mens rea, criado por hayley em 14-04-2013.
Sem etiquetas
criminal law
law
law
criminal law
Mapa Mental por
hayley
, atualizado more than 1 year ago
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Criado por
hayley
mais de 11 anos atrás
386
2
0
Resumo de Recurso
Mens rea
It means the guilty mind
It is the necessary mental element of an offence
There are 2 main types
Intention
This is the worst form of mens rea
It is the basis of many crimes
2 main types of intention
Direct
Mohan defined direct intent as the defendants aim or purpose
Oblique
Oblique is found if the aim or purpose are said to be something different to the result
E.G to frighten rather than kill
E.G Nedrick
Nedrick established the virtuallly certain test
This established whether death or GBH were virtually certain to occur
If so was the defendant aware of this?
If so the jury can infer that the defendant intended to cause death or GBH
Woollin confimed this test with a few important changes
Changed 'infer' to 'find'
Confusingly said
If it was virtually certain and there was evidence of this then it was intention! HOWEVER...
In the same judgement they also state it was evidence of intent
Matthews and Allgu have since stated that it was evidence of intent
Recklessness
Cunningham recklessness is a lower level mes rea to intention
Cunningham recklessness was later confirmed in RvG
It states that Cunningham recklessness is now applied to all cases of recklessness
Recklessness is the taking of an unjustified risk that the defendant was aware of
This is illustrated in the cases of
Savage and Latimer
In Savage was the women aware of the risk when she threw the drink?
Some offences have their own mens rea
E.G theft has the mens rea of the dishonest state of mind
GHOSH
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