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Words: | Submitted: Mon Dec 22 2003
... actus reus or 'guilty act' and mens rea or 'blameworthy mind'. In B (a minor) v D.P.P. [2000] 2 AC 428, the appeal court held that "Mens rea was an essential element of every criminal offence unless Parliament expressly or by necessary implication provided to the contrary." There has for centuries been presumption that Parliment did not intend to make criminals of persons who were in no way blameworthy for what they did. That means that whenever a section is silent as to mens rea, there is a presumption that , in order to give effect to the will of Pmt, we must read in words appropriate to require mens rea .. it is firmly established by a host of authorities that mens rea is an essential ingredient of every offence unless some reason can be found for holding that that is not necessary.1 Lord Nichols in B ( a minor) ...
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