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Discuss how successful the courts have been in defining intention.
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Discuss how successful the courts have been in defining intention. The Mens Rea of a crime refers to the mental element or the state of mind the defendant possesses in order to be liable for an offence. Mens Rea can be any one of four elements, Transferred Malice, Recklessness, Gross Negligence or Intention. It is crimes of specific intent such as murder which require a Mens Rea of either direct or oblique intent. Direct intent is where the defendant desires the consequences and it is his or her purpose to achieve these consequences. An example of direct intent would be September 11th 2001. Oblique intent is where the defendant doesn't desire the consequences but it is a virtually certain result of their actions. It is this area of intention that has caused problems and confusion in the law. In order to prove intention the jury must decide how foreseeable the defendant's actions...
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