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The Success of the Courts in Finding Intention Essay

Assignment id 1015884
Discipline Arts Entertainment
Assignment type Essay
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The Success of the Courts in Defining Intention The Mens Rea of a crime refers to the mental element or the state of mind that the defendant owns in order to be liable to an offence. Mens Rea can be any one of four elements, Transferred Malice, Recklessness, Gross Negligence or Intention. It is crimes of specific intent such as murder which require a Mens Rea of either lead or overlapping purpose. Direct purpose is the point where the defendant needs the consequences and it is his or her purpose to attain these consequences. An example of direct aim is September 11th 2001. Oblique purpose is where the defendant does not want the impacts but it's a virtually certain outcome of their activities. It is this region of intention that has caused difficulties and confusion in the law. To be able to demonstrate intention the jury must determine how foreseeable the defendant's actions were to cause the impacts. There is however two measures used for foreseeability, highly likely and virtually sure. Unfortunately it hasn't been made clear that measure to follow. The present condition of the law on intention was expressed by the House of Lords in the case of R v Woollin 1998. This case modified an earlier direction produced by the Court of Appeal in the case of R v Nedrick. Back in Woollin the law lords expressed that purpose could only be found if the defendant knew that the consequences would be a virtually certain result of his activities. However this has not always been the case. The first important case in ascertaining intention was the case of DPP v Hyam 1975 in which the defendant poured pe...

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