Term
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Definition
| A person intends the consequences of his actions when that consequences is a high probability of his actions. |
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Term
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Definition
| Intention is a decision to bring about the prohibited consequence. |
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Term
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Definition
| Foresight of consequence as a natural consequence is evidence of intention. |
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Term
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Definition
| The greater the probability of the consequences the more likely that consequences was intended. |
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Term
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Definition
| Intention cannot be inferred unless the consequence was a virtual certainty and the defendant realized this was the case. |
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Term
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Definition
| Evidence of intention could be found were the consequence was a virtual certainty and the defendant appreciates this. |
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Term
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Definition
| Subjective recklessness test: Recklessness could be implied if the defendant foresaw a particular type of harm and took the risk that could cause harm. |
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Term
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Definition
| Objective recklessness: an act is reckless if the defendant took an action where he foresaw a risk and took the action anyways or where the risk would have been obvious to the reasonable man. |
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Term
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Definition
| Recklessness can be found where the defendant foresees risk and where under the circumstances known to him, it would be unreasonable for him to take that risk. |
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Term
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Definition
| The doctrine of transferred malice: when the mens rea of the unintentional actus reus matches that of the intended actus reus. |
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Term
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Definition
| Trasferred malice will not apply when the mens rea of the intended actus does not match the unintended actus reus. |
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