Core principles: Mens rea Flashcards
What is Mens Rea?
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.
What are the different types of mens rea?
- intention
*recklessness
- knowledge and belief
- dishonesty
- negligence
What do we mean by ‘intention’?
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.
What do we mean by ‘recklessness’?
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;
What do we mean by ‘Knowledge and belief’?
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.
What do we mean by ‘Dishonesty’?
the defendant must also be found to have been dishonest when handling the goods.
What do we mean by ‘Negligence’?
Negligence is when the defendant’s actions fall below the standard of a reasonable person.