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7 Cards in this Set
- Front
- Back
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What are the three levels of mens rea |
Intention, recklessness and negligence |
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What is the highest degree of mens rea |
Intent |
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what are the two cases is the principle that states that intention differs from motive or desire |
R V Maloney [1985] and R V Inglis [2011] |
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what are the two brackets that intent can be split into? |
Oblique intent and direct intent |
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what kind of intent occurs when a defendant intends to create a situation that does in fact occur |
Direct intent |
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What kind of intent occurs when a defendant intends to create a situation, that does occur, in addition to knowing that another situation will occur but commits the act regardless |
Oblique intent |
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what is the three part test for oblique intent? |
Should the test be subjective or objective? What degree of probability is required before it can be said that the defendant intended the result? Whether the degree of probability should be equal to intention or whether it is evidence of intention from which the jury may infer intention |
