| 41. | First, there must be an underlying offence ( the " unlawful act " ) with a valid mens rea requirement.
|
| 42. | Secondly that the trial judge had erred in his directions on the requisite mens rea to make out the offence.
|
| 43. | Pratt said, referring to his earlier ruling on mens rea ( guilty mind ) which the prosecution had to establish.
|
| 44. | Also note that the mens rea consciousness of guilt seems to have moved certain parties to delete the offensive tweets.
|
| 45. | An elegant synthesis of the concepts of mens rea and actus reus to define the concept of res gestae is typical.
|
| 46. | The court will have little difficulty in establishing " mens rea " if there is actual mental illness as an excuse.
|
| 47. | Disallowing evidence to rebut a prosecution showing that defendant had the requisite mens rea was an unconstitutional denial of due process.
|
| 48. | The appellate court held that, at the time of finding, there was no mens rea to support a conviction of larceny.
|
| 49. | Holmes submitted that mens rea would be inferred if a person did a positive act of carrying the money and not reporting it.
|
| 50. | The Court of Appeal for Ontario held that the charge required proof of mens rea which on the facts would acquit the defendant.
|
