Crim Law 1 Presentation Flashcards

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Mens Rea

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intention to kill or to cause grievous bodily harm

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Direct Intention

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where the Defendant’s aim is to cause death or grievous bodily harm

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Indirect/Oblique Intention

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where death or grievous bodily harm was not the Defendant’s purpose but was a virtually certain consequence of their act and they acknowledged that fact

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Virtual certainty

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A test: The jury can only infer intention if death or serious harm was a virtual certainty from the defendant’s act, and the defendant appreciated that

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Foresight

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foresight of a virtually certain result is evidence of intention not proof of it

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Manslaughter

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the unlawful killing of a human being without malice or the intent to kill

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Murder

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he unlawful killing of another human being with the intent to kill or cause grievous bodily harm

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Appeal

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a request for a higher court to review a lower court's decision due to alleged legal errors that may have affected the outcome of the trial

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Grounds for appeal

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justifiable legal reasons why a defendant believes a trial outcome was unfair or based on a mistake, not simply disagreement with the verdict

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Mens rea for murder cases

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R v Moloney (1985)

Hancock and Shankland (1986)

R v Nedrick (1986)

R v Woollin (1998)

R v Matthews and Alleyne (2003)