MENS REA
Malice aforethought - express or implied

Express malice aforethought - intention to kill

Implied malice aforethought - intention to cause GBH

A D has the MR for murder if he has either intention. D can be guilty of murder even if they did not intend to kill.

Foresight of consequences
Oblique intent = where the D does not have the MR for murder unless he foresaw that he would cause death/serious injury.

D's main aim was not the death of the victim, but something different.

D must intend/foresee death/really serious injury would be caused to the V.

Was death/really serious injury a natural consequence of D's act?
Did the D foresee that consequence as being a natural result of his act?

	Criado por Fionnghuala Malone mais de 9 anos atrás

AS/ A Level Law (UNIT 3 - A2 LAW) Notas sobre Murder notes, criado por Fionnghuala Malone em 13-11-2014.