... duty can also be criminally liable8. Mens Rea deals with the mental element to a crime, and usually looks at the intentions of those who committed the Actus Reus, though intention is not necessarily needed9. The term used in older Scots cases describes the mental element as 'dole', the literal meaning of which is 'evil intent, wrongdoing with a view to its consequences'10 and this, despite some recent developments11, remains the position in Scotland today. The test of mens rea in Scottish criminal cases is an objective one, concerned by the reasonably foreseeable consequences of the actus reus12. Albert, Basil and Cyril have seized a branch of S.K.A.B and have, individually and collectively, committed acts which society, and the state, would view as being wrong. Which rules of the criminal law have they broken and what, if any, charges should the Lord Advocate bring against them? Albert has wired explosive charges to ...

See this essay or coursework document in full right now