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03related terms
May 2026reviewed
In detail
How mens rea works in practice.
Mens rea refers to the mental state required for a criminal offence. For most serious offences in Victoria, the prosecution must prove not only that the accused performed the physical act but also that they had the required mental state, such as intention, knowledge, recklessness, or negligence. The precise mental element varies by offence. Intentionally causing serious injury under the Crimes Act 1958 requires proof of intention; recklessly causing serious injury requires proof that the accused foresaw and disregarded the risk. Where mens rea cannot be established, the accused may not be convicted even if the physical act is not in dispute.
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