+1 vote
in General by
My question is does murder has a mens rea comparing to the mens rea of murder which is a malice aforethought.

1 Answer

0 votes
by (39.9k points)
edited by
Best answer

Mens rea is not applicable when it comes to manslaughter.

According to the penal code, “Any person who by an unlawful act or omission causes the death of another person is guilty of the felony termed manslaughter.

An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm.

This section “…whether such omission is or is not accompanied by an intention…” rule outs the application of mens rea because the section covers unintentional crimes

Mens rea comes in malice aforethought because malice aforethought is considered intentional and therefore, mens rea can be used to prove that the offence was not premeditated or it was premeditated.

Related questions

0 votes
1 answer
asked Jan 25 in General by anonymous
+1 vote
1 answer
asked Mar 19, 2021 in General by Stephen (13 points)
0 votes
1 answer
0 votes
0 answers
Register, ask, and answer questions to earn more points and privileges. Some features are disabled for users with few points.
Welcome to Kenyayote Q&A, the largest community site in Kenya where you can ask any question and receive answers from Kenyayote staff and other members of the community.

Before you ask, search the website to make sure your question has not been answered.

If you are ready to ask, provide a title about your question and a detailed description of your problem.

Register to join Kenyayote Ask Community.