Sally has been charged with assault for punching a woman - HSC - SSCE Legal Studies - Question 2 - 2023 - Paper 1
Question 2
Sally has been charged with assault for punching a woman.
In order for the prosecution to prove mens rea, they must prove that
A. Sally punched the woman.
B. Sally’... show full transcript
Worked Solution & Example Answer:Sally has been charged with assault for punching a woman - HSC - SSCE Legal Studies - Question 2 - 2023 - Paper 1
Step 1
A. Sally punched the woman.
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Answer
While this is a factual statement, it does not establish mens rea, which focuses on the intent behind the action.
Step 2
B. Sally’s punch injured the woman.
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Answer
Injury resulting from the action does not prove that there was intent. The prosecution needs to demonstrate intent to prove mens rea.
Step 3
C. Sally intended to punch the woman.
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This is the key element needed to establish mens rea. Proving that Sally had the intention to commit the act of punching is necessary.
Step 4
D. the woman did not intentionally attack Sally.
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Answer
This statement is irrelevant in proving mens rea, as it does not relate to Sally's intention or mental state at the time of the incident.
