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6 Cards in this Set
- Front
- Back
3 types of MR |
Intention (Direct/Indirect) Recklessness Negligence |
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When will a D have direct intention+ case |
Acted to bring about the prohibited consequence (Mohan) |
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When will the D have indirect intention + case |
Consequence was a virtually certain result of the D's conduct; and The consequence would occur as a virtual certainty but the D carried on (Woollin) |
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Matthews v Alleyne |
If both points are established then the jury is allowed to find intention but don't have to |
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When will the D be reckless + case |
If the D realised a risk but continued regardless (Cunningham) |
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When is the D negligent |
When they fail to meet the standards of a reasonable person (Objective test) |