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6 Cards in this Set

  • Front
  • Back

3 types of MR

Intention (Direct/Indirect)


Recklessness


Negligence

When will a D have direct intention+ case

Acted to bring about the prohibited consequence (Mohan)

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)

Matthews v Alleyne

If both points are established then the jury is allowed to find intention but don't have to

When will the D be reckless + case

If the D realised a risk but continued regardless (Cunningham)

When is the D negligent

When they fail to meet the standards of a reasonable person (Objective test)