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‘The mens rea of murder-leave it alone.’ (GLANVILLE WILLIAMS)
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Darryl K. Martin 15 October 2005 Q: 'The mens rea of murder-leave it alone.' (GLANVILLE WILLIAMS) The requirement of mens rea, which literally translates as 'guilty mind', involves that the defendant must not only intend to agree on the commission of the particular offence, but also intend that the offence should actually be committed. Relying on the definition 'guilty mind' is counter productive in many instances because it is quite possible to find mens rea even in cases where the defendant has not actually acted with the intention of committing the particular offence, or even have the foresight or mental awareness that the result was as such. Before one looks at the various competing views on this issue by academics, it is important to understand the direction that has been taken on this issue at common law. The approach taken at common law has been to regard mens rea as referring to the element...
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