Core principles: Mens rea

Question 1

What is Mens Rea?

Answer 1

It covers a number of mental states that may need to be proved in relation to the actus reus of a crime.

State of mind that the prosecution must prove to secure a conviction will vary from crime to crime.

Question 2

What are the different types of mens rea?

Answer 2

• intention

*recklessness

• knowledge and belief
• dishonesty
• negligence

Question 3

What do we mean by ‘intention’?

Answer 3

2 types:

• Direct intention:
  the aim or purpose of the defendant’s act,
• indirect/ oblique intention:
  used in rare cases where the defendant does something manifestly dangerous and someone dies or is seriously injured but that was not the primary aim of the defendant.

! Not to be confused with motive and desire.

Question 4

What do we mean by ‘recklessness’?

Answer 4

when somebody takes an unjustifiable risk, aware of the danger that the prohibited harm may occur upon taking that risk.

Test:
(i) a circumstance when he is aware of a risk that it exists or will exist;

(ii) a result when he is aware of a risk that it will occur;

Question 5

What do we mean by ‘Knowledge and belief’?

Answer 5

the defendant who is absolutely certain as to the existence of a particular circumstance, or is at least possibly aware that the particular circumstance exists.

Question 6

What do we mean by ‘Dishonesty’?

Answer 6

the defendant must also be found to have been dishonest when handling the goods.

Question 7

What do we mean by ‘Negligence’?

Answer 7

Negligence is when the defendant’s actions fall below the standard of a reasonable person.