Notesale: Turn your study into money

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Extracts from the notes are below, to see the PDF you'll receive please use the links above

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Mens rea Revision Sheet
Mens rea concerns the guilty mind – whether you intended the outcome of your act
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Indirect/ Oblique Intention cases: R v Maloney, R v Hancock and Shankland, R v Nedrick, R v Woolin

In R v Woolin 1999, the House of Lords certified the virtual certainty test i
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(a) That the se ious odily ha
as a i tually e tai o se ue e of the D s olu ta y a t,
and
(b) That the D appreciated that the consequence was virtually certain as a result of his act

Recklessness
Subjective recklessness of established as a principle in the case of Cunningham 1957, and is
commonly known as Cunningham recklessness
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In R v G and R 2003, Lo d Bi gha state a fu the defi itio
the Criminal Damage Act 1971 s1 with respect to –
(i)
(ii)

he e a pe so a ts e klessly ithi

A circumstances when he is aware of the risk that exists of will exist,
A result when he is aware of a risk that it will occur, and

It is, in the circumstances known to him, unreasonable to take the risk
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Coincidence of AR and Mens rea
It is required that the actus reus and mens rea of an offence occur at the same time in order for
there to be liability
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Fagan v MPC 1969 – a ide tly d i i g o to a offi e s foot a d the fo
drive off of it was seen as one continuing act

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