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Discuss whether the definition of the mens rea of murder should include the concepts of i) “wicked intention” and ii) “wicked recklessness” involving an “intention to injure”. If not, how should the mens rea of murder be defined?

With reference to primary and secondary sources, including the Scottish Law Commission’s Discussion Paper on the Mental Element in Homicide :

Discuss whether the definition of the mens rea of murder should include the concepts of i) “wicked intention” and ii) “wicked recklessness” involving an “intention to injure”. If not, how should the mens rea of murder be defined?

Word count: 2000 words, excluding footnotes and bibliography. Footnotes should be reserved for
referencing, rather than substantive content. Footnotes and bibliographies must be in Oscola format.

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