... only one part of it can be established. Moreover, the mental element assists greatly in establishing the blameworthiness of the accused - obviously a crucial factor in regard to sentencing. This is because although individuals should be held responsible for their actions as everybody is entitled to freedom of choice, social factors could influence the choices we make. For example, in the hypothetical case of 'The Speluncean Explorers'3, some of the judges argued that the horrendous conditions that the defendants were subjected to encouraged them to act differently than they would have done in a more 'feasible' situation. Thus, some suggested that the punishment of execution was too harsh and a more suitable sentencing should have been given. We can see from the information given above that mens rea is important for two reasons. Firstly, it is what turns the actions of an individual and the consequent result into an offence, ...

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