Mens Rea And Intention Flashcards
What is Mens Rea Latin for?
Mens Rea is Latin for ‘the guilty mind’
What is Mens Rea?
Mens Rea is all the mental elements of a crime.
What is intention?
Intention is if the defendant truly meant to commit the crime.
What is Direct Intention?
Direct Intention is where it is obvious the defendant committed the crime.
What is the case and the rule of Direct Intention?
Mohan - Where it is your aim purpose and desire to kill the victim.
What is Indirect Intention?
Indirect Intention is where it is not so obvious what the defendant intended. The Virtual Certainty test must be applied.
What is the case and rule for the Virtual Certainty test?
Woolin -
1. Was death or serious injury virtually certain as a result of the defendant’s action?
2. Did the defendant realise this?