What are the different types or levels of Mens Rea? In this video, and the subsequent ones, we shall be discussing exactly those, starting off with the first type: Intention. The two types of Intentions are then elaborated upon: Direct (Purpose) Intent and Oblique (Foresight Intent), including what they are, together with examples. We then draw a distinction between intent and motive or desire, and move on to case law such as R v Moloney (1985), where Lord Bridge laid down a test for Oblique Intent. Furthermore, Oblique Intent is explored at even greater lengths since criminal law usually requires proof only of this type, as it is debated which test, subjective or objective, might be used for it in court. In previous times, it is mentioned, the objective test was applied to Oblique Intent (DPP v Smith [1961]) but this was reversed by Parliament in section 8 of the Criminal Justice Act 1967 from where on the subjective test was applied. Moving on, the relationship between foresight and Intent was also considered by the courts in Hyam v DPP (1986) and in R v Nedrick (1986), where it was decided that the subjective test would be applicable.
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24 июл 2016
