Mens rea + Intent
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10 Terms
What are the three levels of Mens rea ?
Intention , recklessness , negligence
What is the highest level of Mens rea ?
Intention
What is the Mens rea for murder ?
Intent to kill or cause GBH
What is oblique / indirect intent ?
When the result was not the primary aim , but was a virtually certain outcome
What is the 2 part test for indirect intent ?
Outcome was a virtual certainty , defendant realised this
Is foresight of a mere possibility enough to prove intent ?
No
What is subjective recklessness ?
Taking an unjustified risk whilst foreseeing it
How is subjective recklessness tested ?
By what the defendant foresaw , not the reasonable person
What is the difference between subjective and objective recklessness ?
Subjective looks at mind , objective looks at the reasonable person
How is intent determined under s8 criminal justice act 1967 ?
By considering all evidence , not assuming consequences were automatically intended