ABSTRACT
In criminal law, a defendant must be mentally capable of committing a criminal offence. In practical terms, a defendant who lacks capacity is unable to form the required mens rea (unless, of course, the offence is one of strict liability).
Only those who are blameworthy should be punished in crime. Definition Capacity
understanding, awareness, capability, clear mind, reasoning, ability.
https://s3-euw1-ap-pe-df-pch-content-public-p.s3.eu-west-1.amazonaws.com/9780203784174/0b470d65-8fae-470f-8598-83645e36121d/content/fig06_u1_C.jpg" xmlns:xlink="https://www.w3.org/1999/xlink"/>Children under 10 are believed to be incapable of committing wrong and are therefore not culpable when committing a criminal offence.
Mentally ill individuals are sometimes unable to form the required mens rea of an offence.
Corporations do not have a ‘mind’ from which a mens rea can be formed. Workpoint
Why is capacity important in criminal law?
