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Mens Rea 1

Date: Saturday, 21 December 2019. Mens Rea 1. Lesson Outcomes: Describe the difference between intention and recklessness Apply the law correctly to scenarios. Specification links:

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Mens Rea 1

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  1. Date:Saturday, 21 December 2019 Mens Rea 1 Lesson Outcomes: Describe the difference between intention and recklessness Apply the law correctly to scenarios Specification links: Mens rea: intention and subjective recklessness; transferred malice; coincidence of actus reus and mens rea. Key vocabulary Mens rea, transferred malice, recklessness, intention Starter: Guess the cases! A B 1

  2. Apply your knowledge • Complete the Activity box on p.190

  3. http://www.youtube.com/watch?v=bcnUo-iIoSs

  4. Apply your knowledge • Explain the difference between Direct and Oblique intent • Complete the Activity box on p.192

  5. http://www.youtube.com/watch?v=3nOkJtr-SzA

  6. Date:Saturday, 21 December 2019 Mens Rea 1 Lesson Outcomes: Describe the difference between intention and recklessness Explain the concept coincidence of AR & MR Know & Understand the cases covered so far. Apply the law correctly to scenarios Specification links: Mensrea: intention and subjective recklessness; transferred malice; coincidence of actusreusand mensrea. Key vocabulary Mens rea, transferred malice, recklessness, intention Starter: In pairs, come up with an action that represents a case. Be ready to test the rest of the class! 6

  7. http://www.youtube.com/watch?v=DiN5hp4fstM

  8. http://www.youtube.com/watch?v=3UtrFB9-NY4

  9. I.R.A.C Issue – whether AR established. Relevant Law – AR = Act/Omission. GR = cannot be guilty of omission, though some circumstances where duty of care has been found (cases). Act must be voluntary (case). Must be both factual and legal cause of death…Factual = but for (case)…Legal = chain of causation/intervening acts (cases) Apply – Facts state… Conclusion – Therefore, it is submitted that AR has/has not been established… Issue – whether MR established. Relevant Law - MR = Intention or Recklessness. Intention can be direct if purpose or desire to bring about consequences (case) or indirect if alternative purpose or desire but applying the Woollin test, a reasonable person would foresee that the consequences were a virtual certainty and that the defendant also foresaw this virtual certainty. Apply – The facts state… Conclusion – Therefore direct/indirect intention is established/is not established so we must look to recklessness… Issue – whether recklessness established…

  10. Apply your knowledge • Complete the activity box on p.193

  11. Consolidating your knowledge

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