Sally has been charged with assault for punching a woman - HSC - SSCE Legal Studies - Question 2 - 2023 - Paper 1
Question 2
Sally has been charged with assault for punching a woman.
In order for the prosecution to prove mens rea, they must prove that
A. Sally punched the woman.
B. Sally'... show full transcript
Worked Solution & Example Answer:Sally has been charged with assault for punching a woman - HSC - SSCE Legal Studies - Question 2 - 2023 - Paper 1
Step 1
A. Sally punched the woman.
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Answer
Sally's action of physically striking the woman is indeed a point relevant to the charge of assault. However, this does not directly prove mens rea, which focuses on the mental state behind the action.
Step 2
B. Sally's punch injured the woman.
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While the injury may support the severity of the assault charge, it does not affect the necessary proof of mens rea. The state of mind regarding intent is crucial.
Step 3
C. Sally intended to punch the woman.
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This statement is essential for establishing mens rea. To prove the prosecution's case, it must be shown that Sally had the intent to commit the act of punching, which fulfills the mental state requirement.
Step 4
D. the woman did not intentionally attack Sally.
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Answer
This point, while it might provide context, is not directly tied to proving the prosecution's claim of mens rea regarding Sally's intent. It shifts the focus away from Sally's mental state.
