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A woman is walking along a road when she is approached by a man who asks her for money. The woman refuses to give him any money and the man insults her.
The woman becomes angry and slaps the man with her right hand, realising as she does so that she might cause him some physical harm. The woman is wearing a ring on a finger of her right hand which causes a deep cut to the man’s cheek as she slaps him. The woman gives no thought to her ring when she slaps the man and does not realise that she might cut his face. She does not intend to either wound or seriously injure the man.
The woman is arrested in relation to the incident and subsequently charged with maliciously wounding the man contrary to s.20 of the Offences Against the Person Act 1861.
Does the woman have the mens rea required for the offence of malicious wounding when she slaps the man?
A. No, because she did not realise that she might wound the man.
B. No, because she did not intend to wound the man.
C. Yes, because she realised that she might cause some physical harm to the man.
D. No, because she did not intend to seriously harm the man.
E. Yes, because she intended to apply force to the man and that force caused a wound.
C - Yes, because she realised that she might cause some physical harm to the man.
End of questions
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