Mens Rea And Intention Flashcards

1
Q

What is Mens Rea Latin for?

A

Mens Rea is Latin for ‘the guilty mind’

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2
Q

What is Mens Rea?

A

Mens Rea is all the mental elements of a crime.

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3
Q

What is intention?

A

Intention is if the defendant truly meant to commit the crime.

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4
Q

What is Direct Intention?

A

Direct Intention is where it is obvious the defendant committed the crime.

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5
Q

What is the case and the rule of Direct Intention?

A

Mohan - Where it is your aim purpose and desire to kill the victim.

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6
Q

What is Indirect Intention?

A

Indirect Intention is where it is not so obvious what the defendant intended. The Virtual Certainty test must be applied.

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7
Q

What is the case and rule for the Virtual Certainty test?

A

Woolin -
1. Was death or serious injury virtually certain as a result of the defendant’s action?
2. Did the defendant realise this?

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