Description

CRIMINAL LAW

1. “There is a presumption that ‘mens rea’ or evil intention or knowledge of the wrongfulness of the act is an essential ingredient in every offence but that presumption is liable to be displaced either by the words of the statutes creating the offence or by the subject matter with which it deals and both must be considered’ Wright, J in Sherras —vs- Derutsen (1895) IQB 918

(a) Discuss the various ways by which the evil intention or mens rea manifests itself for purposes of Criminal Law.

(15 marks) (b) In respect of what offence, if any, is mens rea deemed to be irrelevant?

(5 marks) (c) Is the test of mens rea an objective or subjective one?

(5 marks)