However, this is not necessary for strict liability offences, where no particular state of mind is required to satisfy the burden of proof.
However, he was found guilty because the judge held that sleepiness or drowsiness when driving does not amount to automatism.
In such cases of a "state-of-affairs" crimes, the defendant may be found liable even if he or she did not purposefully or voluntarily commit a criminal act.
Larsonneur still did not leave and on April 20 was taken into custody by Irish police where they were forced to deport her back from whence she had come, the UK.
This was also seen in the case of Winzar v Chief Constable of Kent (1983) [2] where the defendant was admitted to hospital by a friend who was worried for his health.
The mens rea involves the different states of mind which demonstrate the relationship between degree of fault and liability.
The mens rea of murder is the intention to kill or to cause grievous bodily harm.
Intention is the most serious of states of mind the defendant can have, and this high level of fault is reflected in strict and long sentencing.
Murder carries a mandatory life sentence, though the judge can impose a recommended minimum number of years as to which the defendant must serve before being eligible for release.
However, if murder is done with a specific intent in the name of a religion, ideology, etc., or to particularly vulnerable groups of people such as children, or is done so continuously (such as terrorism or serial killing) then it may be that the defendant is given a whole life tariff (never sees daylight again) to reflect his level of fault.
Others, such as insanity and intoxication, work by establishing a lack of mental control or awareness on the part of the defendant.
The defense of consent is often only available to smaller offenses, such as Common Assault and, possibly, Actual bodily harm (S.47).
Both the type of sentence imposed, and its severity, is in large part determined by the degree of fault shown by the defendant.
This is because admitting fault after the trial has begun has wasted court time and money (for jury and judge etc.