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Words: | Submitted: Thu Mar 11 2004
... welfare and reflecting the 'inexorable logic' of the doctrine of mens rea.' However, in the case of Majewski3 a rule was established which enabled crimes to be divided into 'offences of basic intent' and ' offences of specific intent' thus allowing intoxication to be considered as a defence for the latter but not of the former. In drawing this distinction, murder and wounding with intent have been categorized as crimes of 'basic intent' in that intent extends beyond the actus reus ( Criminal Law: Lecture Handout). The policy is clear; where there is a lesser induced offence, intoxication negates the greater but not the lesser offence. With regards to an explanation for why offences such as theft and handling are crimes of ' specific intent' many theories have been offered. It has been argued that crimes of 'specific intent' are those which require intention as the mens rea, whereas crimes of ...
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