| 31. | Therefore, intoxication will rarely ( if ever ) deny the " mens rea " of crimes of basic intent.
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| 32. | The first involves criminal negligence, which is a mens rea culpability requirement and is irrelevant for strict liability offenses.
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| 33. | Academic writers have termed this feature of the offence " half mens rea " and " constructive liability ".
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| 34. | England and Wales has strict liability offences, which criminalize behavior without the need to show a criminal mens rea.
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| 35. | In New South Wales, manslaughter in criminal negligence uses objective test to prove the mens rea of the crime.
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| 36. | In some jurisdictions the mens rea is quite complex, such as in New South Wales, where the law reads:
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| 37. | Specifically, it violated the principle of fundamental justice that an appropriate mens rea must be proven by the Crown.
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| 38. | Normally, to be convicted of a crime, the defendant must have had a specific mens rea, or guilty mental state.
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| 39. | Strict liability can be described as criminal or civil liability notwithstanding the lack mens rea or intent by the defendant.
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| 40. | The court distinguished between legislation precluding an affirmative defense, and precluding a rebuttal to showing the element of mens rea.
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