Mens rea is the mental element or fault required by the definition of an offence. Intention, recklessness and negligence are the principal forms.

What is oblique intention?

Oblique intention arises where the defendant's purpose was something else but the prohibited consequence was a virtually certain side effect. A jury may then find intention even though the result was not the aim.

State the direction on oblique intention approved in R v Woollin [1999].

R v Woollin [1999] held that a jury may find intention only where death or serious injury was a virtual certainty. The defendant must also have appreciated that virtual certainty.

Which earlier case produced the formulation adopted in R v Woollin [1999]?

R v Nedrick [1986] framed the two questions of how probable the consequence was and whether the defendant foresaw it. R v Woollin [1999] adopted the substance of that direction.

Is foresight of virtual certainty the same as intention?

R v Matthews and Alleyne [2003] confirmed that foresight of virtual certainty is evidence from which intention may be found. The rule is one of evidence rather than a definition of intention.

Eduqas A-Level Law A150QS

Parliamentary and European Law Making

Topic overview Green Papers, White Papers and the making of a Bill The legislative process through Parliament The composition and role of Parliament Influences on Parliament and law making Parliamentary sovereignty The UK constitution, separation of powers and the rule of law The royal prerogative Law reform and the Law Commission European Union institutions and sources of law The impact of European Union law and withdrawal

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Criminal Law: General Elements of LiabilityCriminal

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Criminal Law: General Elements of Liability

Intention: direct and oblique

3 things to know
Components 2 and 3

Overview

Mens rea, direct intention and oblique intention.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Numbers

Explain the two forms intention can take in criminal law.

Key term

What is mens rea?

Numbers

Define direct intention.

Questions from this subtopic

Each one with the model answer underneath.

1
What is mens rea?
Model answer
Mens rea is the mental element or fault required by the definition of an offence. Intention, recklessness and negligence are the principal forms.
2
Define direct intention.
Model answer
Direct intention exists where the defendant's aim or purpose is to bring about the prohibited consequence. R v Mohan [1976] described intention as a decision to bring about the consequence.
3
What is oblique intention?
Model answer
Oblique intention arises where the defendant's purpose was something else but the prohibited consequence was a virtually certain side effect. A jury may then find intention even though the result was not the aim.
4
State the direction on oblique intention approved in R v Woollin [1999].
Model answer
R v Woollin [1999] held that a jury may find intention only where death or serious injury was a virtual certainty. The defendant must also have appreciated that virtual certainty.
5
Which earlier case produced the formulation adopted in R v Woollin [1999]?
Model answer
R v Nedrick [1986] framed the two questions of how probable the consequence was and whether the defendant foresaw it. R v Woollin [1999] adopted the substance of that direction.
6
Is foresight of virtual certainty the same as intention?
Model answer
R v Matthews and Alleyne [2003] confirmed that foresight of virtual certainty is evidence from which intention may be found. The rule is one of evidence rather than a definition of intention.

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