What 2 elements make up criminal law in England?
Direct intention is where it is the defendant's aim or purpose to bring about the result.
Intention may alternatively be found through a direction asking whether the consequence was a virtually certain one and the defendant appreciated such..
What are the three types of mens rea?
The main types of mens rea are intention, recklessness, and negligence.
Issues may arise when the mens rea and actus reus do not coincide in time.
The doctrine of transferred malice allows mens rea to be transferred from the intended victim to the unintended victim, in certain situations..
What is the test for direct intention?
Direct intention is where it is the defendant's aim or purpose to bring about the result.
Intention may alternatively be found through a direction asking whether the consequence was a virtually certain one and the defendant appreciated such..
What is the test for direct intention?
For recklessness, a subjective test is applied to determine whether accused wilfully took an initial action that is inherently risky (such as drinking alcohol) but an objective test is applied to determine whether the commission of the actus reus could be foreseen (by a reasonable person)..
What is the test for recklessness?
For recklessness, a subjective test is applied to determine whether accused wilfully took an initial action that is inherently risky (such as drinking alcohol) but an objective test is applied to determine whether the commission of the actus reus could be foreseen (by a reasonable person)..
What is the test for recklessness?
The main types of mens rea are intention, recklessness, and negligence.
Issues may arise when the mens rea and actus reus do not coincide in time.
The doctrine of transferred malice allows mens rea to be transferred from the intended victim to the unintended victim, in certain situations..
Which course is best for criminal law?
Direct intention is where it is the defendant's aim or purpose to bring about the result.
Intention may alternatively be found through a direction asking whether the consequence was a virtually certain one and the defendant appreciated such..
