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Elements of a crime
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Intention
Intention
Intention can be direct or indirect.
Direction intention is where the D desires the outcome (Mohan)
Indirect intention is where it is not so obvious what the D desires (Woolin)
Woolin virtual certainty test: 1) Was death or serious injury a virtual certainty? 2) Did D realise this?
Recklessness
Recklessness
The case for this is Cunningham.
The court uses a subjective test to assess whether D was being reckless.
Did D see an unjustified risk & take it anyway?
Transferred malice
Transferred malice
This is where D intends to hit V1 but accidentally hits V2 instead. The case for this is Latimer. The D's malice/ mens rea is transferred from their intended victim to the actual victim.
The case Pembilton states that the crimes must be of the same kind for the malice to transfer.
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