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mens rea

Mens rea means criminal intention or guilty mind. It has frequently been affirmed and should unhestitatingly be recognised that it is a cardinal principle of our law that mens rea, an evil intention or a knowledge of the wrongfulness of the act, is in all ordinary cases an essential ingredient of guilt of a criminal offence. It follows from this that there will not be guilt or a offence created by statute unless there is mens rea or unless Parliament has, by the statute, enacted that guilt may be established in cases where there is no mens rea. May include also recklessness relating to the circumstances and consequences of an act which comprise the actus reus.

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