Mens rea

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Question

Describe the mens rea element of a crime and its role in establishing criminal liability, using cases to identify different kinds of mens rea.

Answer

In order for an individual to be found guilty of a crime it is necessary for the prosecution in the majority of crimes to prove beyond reasonable doubt two important elements:

Actus Reus – The physical act performed by the defendant

Mens Rea – The guilty mind or mental act of the crime.

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Mens Rea means a guilty mind and refers to the intention element of the crime. Each offence has its own mens rea e.g. the mens res for murder is the ‘unlawful killing of a human being with malice aforethought, this means that contrary to common law the defendant must intend to kill or cause grievous bodily harm whilst the mens rea for theft is dishonesty with the intention of permanently depriving as cited in s1 Theft Act 1968.

There are three different levels of mens rea, which may form the basis of criminal liability, these are:-

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