CRM 200 Lecture Notes - Lecture 4: Mens Rea, High Standard Manufacturing Company, Fundamental Justice
14 Dec 2015
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Roach makes argument that generic references to mens rea can often be confusing: each crime has own specific fault element. In general its correct but it needs to be specified for each crime: tolson 1889. Mens rea means in case of murder-malice forethought, theft-intension to steal, when receiving stolen goods-knowledge that it was stolen. But its hard to call all these dissimilar case of thought with one name. Each offense has own specific fault element. Confusion about nature fault element arises in occasions where parliament has not specifically defined certain words that relate to the fault element: words: Explaining fault element: must specify, so courts and judges have to define it themselves. The circumstances and consequences to which fault element is directed including its relation to actus reas of offence. Specify precisely what the fault element is. Rather than just subjective fault element, its subjective knowledge that the victim would die. Certain defenses are general: self defense.
