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Mens rea is an element of the offence that the prosecution needs to assert beyond a reasonable doubt for the accused to be found fully liable of the offence, assuming the offence is one that requires an element of mens rea (see, He Kaw Teh v R - case from the Australian High Court regarding importance of establishment of the element of mens rea).
Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is still held responsible.
Case opinions; Per curiam (unanimously): Mens rea and actus rea must coincide in time to establish guilt in most offences, including all forms of assault, battery and offences against the person, however realisation that a battery is ongoing will render the omission to act to remove that battery being inflicted a conscious battery, being ...
In criminal law, strict liability is liability for which mens rea (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense (Preterintentionally [1] [2] /ultraintentional [3] /versari in re illicita).
Academic writers have termed this feature of the offence half mens rea [37] and constructive liability. [38] The mens rea for this crime may be one of recklessness rather than intention as to the commission of an assault or battery, and it is considered to be a crime of basic intent. The court in DPP v Parmenter ruled that, for this offence,
It could apply to future cases where the bodily harm was unintended or unforeseen. [27] The mens rea requirement for battery is similar to assault. It is the intention to apply unlawful force to another, or be reckless as to whether such force is applied. [28]
Other cases give greater insight as to relevance of oblique, sufficiently proven, intentions and examples of motives which would be considered malicious for particular crimes having that specified mens rea. [4] Among these is R v Faulkner (1877) by which the mens rea for larceny must not be conflated with that for arson.
Mens rea is another Latin phrase, meaning "guilty mind". It is the mental element of committing a crime and establishes the element of intent. Together with an actus reus , mens rea forms the bedrock of criminal law, although strict liability offenses have encroached on this notion.