#crime #law #mr
oblique intent:
- this is only to be used in rare circumstances and when intention is the only form of mens rea for the offence, e.g. murder, GBH with intent (Offences Against the Person Act 1861, s 18);
- this means that if the rules of the offence allows mens rea in the form of intention or recklessness then you must not refer to oblique intent. For example, if a defendant is charged with criminal damage and he does not directly intend to destroy/damage property, then you must consider whether he was reckless when he did so. Oblique intent should not be used as recklessness is so much easier to establish.
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