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Mens Rea
| Question | Answer |
|---|---|
| What is Mens Rea | The guilty mind |
| What is direct intention | The consequence is the Ds aim, purpose or desire |
| what is the case for direct intention | Mohan |
| What is oblique intention | The actual consequence of is not D's original purpose foresight of consequence woolin |
| What is foresight of consequence | D maybe found guilty if be foresaw that his actions could lead to the consequences that have occured |
| What are the 2 points of the virtual certainity test | 1.was the consequence virtually certain as a result of Ds actions 2.Did D realise this Matthews and Alleyne |
| what is subjective recklessness | D knows theres a risk of the consequence but takes the risk anyways the risk has to be justifified cunningham |
| How can a person be negligent | A person can be negligent if D fails to meet the standards of a reasonable man That is enough to make a person liable in civil law not criminal |
| what are the two exceptions of negligence | Statutory offences Gross negligence manslaughter |
| what is the case for negligence | Adomako |
| What is transferred malice | Ds mens rea is transferred from the intended victim to the actual victim injured in the process |
| what is the case for transferred malice | Mitchell |
| Mens rea and transferred malice | mens rea can only be transferred for similar types of crimes Pembilton |