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Mens Rea (Introduction (Basic Information (the mental element of any crime…
Mens Rea (Introduction
Flow Chart
Did D have a consequence as his aim, purpose or desire?
Yes:
D has direct intent, which is the necessary MR for specific intent offences and also sufficient for basic intent offences
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Intention
Direct intention
D decided to bring about the prohibited consequence, motive is irrelevent
offences require a specific intention for a specific outcome. If D does not have the intent they cannot be guilty
Oblique intention
D has one thing as his/her desired aim or purpose, but something else happens as a result that D could foresee virtually certain consequence
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Recklessness
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D is aware of a risk, but takes it anyway
offences for which recklessness is sufficient for MR include basic intent offences: assault/battery, assault occasioning ABH, criminal damage
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