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MENS REA

The Mens Rea is the mental element of the offence it may also be described as the fault
element
The prosecution must therefore prove the actus reus and that D had the required state of
mind at the time of the offence
The Mens Rea is found in…

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Again it is left for the jury to interpret which in a way allows for society to set the standard
and hence installs public confidence in the criminal legal system
There are two forms of intention:
Direct intention
Indirect/Oblique intention

Direct Intention:
Direct intention is where the consequence of D…

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Whether or not the risk was justified is determined objectively (would the reasonable
person have taken the risk) and is decided by the court/jury
A subjective approach would ask if D would have taken the risk, the answer to this would
obviously always be yes
Subjective/Objective assessment of risk:
Once…

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Criticisms/Reform:
It has been said that the doctrine of transferred malice represents an artificial basis for
liability but it has been accepted by the Law Commission as necessary
See Draft Criminal Law Bill 1993

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