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Elements of a crime (2) Mens Rea (Intention (Direct intent (The ordinary…
Elements of a crime
2) Mens Rea
Intention
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Oblique intent
This is where direct intent cannot be established but the consequence was virtually certain to occur and the defendant is aware of this. This was explained in the cases of Nedrick and Woollin. Note - this is not the same as recklessness.
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Recklessness
Recklessness was explained in Cunningham. Recklessness is where a defendant realises a risk and goes on to take that risk. In other words they are reackless when they take a risk they know they shouldn't take. Note - this is a subjective test judged according to what the defendant would realise - not what others would realise.
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1) Actus reus
Voluntary act
The actus reus is usually provided by a voluntary act. The defendant must have control over their actions - if they do not, no offence will be committed. (Hill v Baxter)
Omission
In limited situatuions it is possible to commit a crime by omission where the defendant is under a duty to act and fails to act. This duty can be laid down by statute or at common law.
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