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Words: | Submitted: Tue Jun 20 2006
... the intention to kill or do grievous bodily harm. Re R v Vickers3, where the latter (GBH) was accepted as sufficient Mens Rea as if the defendant was willing to inflict grievous bodily harm, then how was he to know that the victim wouldn't die? This was later confirmed in the case of Cunningham4. With regards to 'intention' it was verified in the case of Woolin5 that if the prosecution can show the defendant foresaw death as a 'certain consequence' then this can amount to intention, therefore satisfying the Mens Rea of the offence. With respect to causation, it must be proven that the defendant 'caused' the victims' death. For this two matters must be considered. Did the defendant 'in fact' cause the victims' death? If so, can he be held to have caused it in law? As regards causation in fact, this can be resolved by the application of ...
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