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Mens Rea For Murder Need Of Further Clarification
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The mens rea for murder is in urgent need of further clarification.
Critically evaluate the extent in which this statement true.
Critically evaluate the extent in which this statement true.
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I would agree with the statement and talk about the GBH rule, how for murder the mens rea includes an intention to cause GBH. This breaches fundamental principles of criminal law i.e. correspondence and fair labelling. Is it write to label someone a murder when they didn't intend to kill?
Then I would mention the recommended reforms by the law commission - first degree murder, second degree murder and manslaughter and how it would deal with the mens rea more fairly.
Hope this helped!
Then I would mention the recommended reforms by the law commission - first degree murder, second degree murder and manslaughter and how it would deal with the mens rea more fairly.
Hope this helped!
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