Mens Rea Exam Study Verified Answers Success Guaranteed.
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Module
HMEMS
Institution
HMEMS
Intention - correct answer Highest form of mens rea. Conscious decision to bring about a certain state of affairs. Literal dictionary definition. Irish case law not comprehensive enough to accurately define intention. There are two type: Direct and Oblique.
D...
Intention - correct answer Highest form of mens rea. Conscious decision to bring
about a certain state of affairs. Literal dictionary definition. Irish case law not comprehensive enough to
accurately define intention. There are two type: Direct and Oblique.
Direct Intention - correct answer Directly intends a result when he desires to bring
about that result and deliberately sets out to bring it about.
People (DPP) v Murray - correct answer Defendant beat victim with stick. Walsh J:
"To intend murder, or to cause serious injury... is to have in mind a fixed purpose to reach that desired
objective. The state of mind of the accused must have been not only that he foresaw but also willed the
possible consequence of his conduct.
Oblique Intention - correct answer Acting for one purpose but brings about another
DPP v Douglas and Hayes - correct answer Accused convicted of shooting with
intent to commit murder. McWilliam J: Considered when intention to cause a particular result could be
inferred from accused's actions and surrounding circumstances. Recklessness can infer intent, but is not
itself proof of intent, merely one of the facts supporting an inference. Foreseen reasonable that natural
and probably consequence. Court must consider whether foresight and recklessness establish beyond
reasonable doubt an intent.
Recklessness - correct answer Does not intend harm but takes an unjustifiable risk
of causing it. Justifiable? Social utility relative to probability and gravity of harm.
People (DPP) v Murray - correct answer Henchy J: Endorsed American Penal Code.
"Consciously disregards a substantial and unjustifiable risk that the material elements exist or will result
from his conduct." Objective or subjective. Objective: D must recognise risk of harm and run it OR
reasonable person would have seen risk. Subjective: Only concerns what D sees.
People (DPP) v McGrath - correct answer Cagney - Both charged with manslaughter
as well as reckless endangerment. Only convicted of reckless endangerment. Supreme Court,
Geoghegan J - Subjective test, not objective.
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