A man steals a car with a four month old baby inside it. What would be an appropriate punishment for him? [abc.net.au]
Determine the mens re of the parent(s) AND that of the thief. [Look it up, dammit!]
Had the parent(s) intended to abandon the baby, and the thief found and taken both?
Had an earlier thief hijacked the car from the parent(s), taken the baby, abandoned car and baby, and a second thief then found both and taken them?
You can figure other scenarios.
Oh hell; I looked it up.
The concept of mens rea, which is Latin for “guilty mind,” allows the criminal justice system to distinguish someone who set out with the intention of committing a crime from someone who did not mean to commit a crime.