Scribd Logo
Upload

Welcome to Scribd!

  • AS Law Notes

    Uploaded by

    Muhammad Talha
    10 views1 page
    This document discusses mens rea, or criminal intent. It explains that subjective recklessness means the magistrate or jury must consider what risk the defendant appreciated, taking into account personal characteristics. Subjective recklessness requires the defendant to foresee a risk of harm and choose to take that risk. Direct intention means the main aim was to bring about the consequence, while indirect intention means achieving one goal also causes other consequences.

    Original Description:

    Topic Notes of AS LAW

    Original Title

    AS law notes

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document discusses mens rea, or criminal intent. It explains that subjective recklessness means the magistrate or jury must consider what risk the defendant appreciated, taking into account personal characteristics. Subjective recklessness requires the defendant to foresee a risk of harm and choose to take that risk. Direct intention means the main aim was to bring about the consequence, while indirect intention means achieving one goal also causes other consequences.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    10 views1 page

    AS Law Notes

    Uploaded by

    Muhammad Talha
    This document discusses mens rea, or criminal intent. It explains that subjective recklessness means the magistrate or jury must consider what risk the defendant appreciated, taking into account personal characteristics. Subjective recklessness requires the defendant to foresee a risk of harm and choose to take that risk. Direct intention means the main aim was to bring about the consequence, while indirect intention means achieving one goal also causes other consequences.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    Mens Rea

    Subjective
    Recklessnes
    Intention
    All NFO's except S18
    OAPA

    Subjective means the Indirect Intention


    Magistrates or jury must consider D has one purpose in mind but in
    Direct Intention
    what the D appreciated was a achieving that purpose also
    risk, causes other consequences
    All NFO's
    taking into account any relevant
    personal characteristics. Only used for S18 OAPA
    offences
    Test: D must foresee a risk of
    harm and then choose to take
    that risk Test: Defined in the case
    of Mohan
    Direct intent means it is Test: Defined in the case of
    Example personal your main aim or desire to Woollin:
    characteristics: If a D is bring about the 1.death or gbh was virtually
    young Magistrates/juries consequence certain to result from the
    tend to presume the D accused’s acts; and
    does not foresee the 2. the accused actually
    same risks as an adult
    foresaw this.

    You might also like