It certainly is — but not for any reason that requires a higher mental element to be imposed. (slaw.ca)
Some lawyers, some of the time, will act for people the public (correctly) assumes to be have committed the factual and mental elements of the offence with which they are charged. (slaw.ca)
So vaguely drawn are the outlines between what is actual and what is only potential at any moment of our conscious life, that it is always hard to say of certain mental elements whether we are conscious of them or not. (religion-online.org)