Mens Rea In Criminal Law
This is a critical element of a crime in the sense that the occurrence of a criminal offense is either voluntary or purposeful. A crime act usually comes from what is popularly referred to as ancient maxim that is the “act is not guilty unless the mind is guilty.” As such, it is required that for on to secure a conviction, the prosecution must prove beyond doubt that the accused not only committed the particular offense (actus reus) but also that the crime was committed with the sole intention of committing the crime (the defendant had the mens rea when committing the crime. (Karlen H. Peter …show more content…
In some cases, the words of the culprit can also be considered as acts in criminal law. For example, words meant to cause threats, perjury, conspiracy and solicitation effectively constitute the element of actus reus. Accordingly, actus reus is perceived to be the conduct of the accused; it can, for instance, be the act of commission or act of omission. In addition, it must be seen as a voluntary act with the implication of causing damage or harm. (Lynch, C.E. …show more content…
In addition, they are applied in the transport sector, for example, speeding or driving without insurance. An example of its application is in the R v. Williams 1WLR 588 case in which the offence of casing death while driving without a license was regarded to be one of the strict liability. As a result, a maximum penalty of 2 years imprisonment was given in addition to the 14 years sentence due to the offence of reckless driving leading to death.
It has, however, been argued that strict liability is quite harsh and can potentially lead to the creation of injustices. Some people also argue that imposing strict liability will more likely lead to people exercising more caution and, as such act as deterrent to others. Essentially though, strict liability is seen as important as it ensures that more convictions are secured. In addition, it effectively holds people liable by eliminating false accounts aimed at justifying one’s state of minds. (Cynthia J. Curry et al., 1997)
Considerations of whether is right for the defendant to be convicted without a blameworthy state of
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