Chapter 3 Key facts checklists

Chapter 3 Key facts checklists

  • Mens rea means guilty mind, but the term is better thought of as the fault element of the offence.
  • The role of mens rea is to attribute fault or blameworthiness (also called culpability) to the actus reus.
  • The main types of mens rea are intention, recklessness, and negligence.
  • The judiciary has encountered difficulties in defining, in particular, intention and recklessness.
  • Issues may arise when the mens rea and actus reus do not coincide in time.
  • The doctrine of transferred malice allows mens rea to be transferred from the intended victim to the unintended victim, in certain situations.
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