Essay on The Mens Rea Of First Degree Murder

1260 Words Nov 24th, 2015 6 Pages
The mens rea required to convict Hutt of first-degree murder is the mens rea of intent

plus planned and deliberate. Mr. Hutt threw boiling water on his wife and decided to

instead put her in the basement and not aid her with her injuries which resulted in her

death. This demonstrates Mr. Hutt’s intention of exercise of free will, the use of

particular means to produce a particular result. When an accused is certain or

substantially certain that their actions would lead to particular prohibited consequence

then in law the accused is held to have intent of the crime. According to section 229 of

the criminal code, an individual who intends to take the life of a human being is causing

first-degree murder. Also section 231 (2) of the criminal code states that first-degree

murder must be planned and deliberate. This means that Mr. Hutt knew that if the injuries

caused to his wife were not treated it would result in her death. The fact that he made a

makeshift bed in the basement obviously demonstrates that he wanted her to die.

According to the case, Hutt has the requirement of a knowledgeable/ planned first-degree

murder against his wife. Hutt used an exercise of free will where he committed certain

acts that have intentionally caused the death of his wife. It is obvious that Mr. Hutt

caused the death of his wife as he withheld medical assistance for eleven days, which

resulted in her death. At this point we would ask ourselves what the accused…

Related Documents