Mens Rea

Question 1

3 different forms of mental element - what are they?

Answer 1

Intention
Recklessness
Knowledge

Question 2

Intention

Answer 2

Intentional behaviour usually means more than deliberate behaviour - intention is specific to the crime. Even a deliverate action may not be criminal if it is not accompanied by the requisite intention Kenny v HMA

Question 3

Recklessness

Answer 3

“an utter disregard of what the consequences of the act in question may be so far as the public are concerned”

“a recklessness so high as to involve an indifference to the consequences for the public generally” (Quinn v Cunningham 1956)

Question 4

Knowledge

Answer 4

Many crimes require knowledge - eg in reset the accused must know the goods were stolen, assaulting a police officer requires the person to know the victim is a police officer.

Knowledge may be inferred from teh circumstances. Sometimes an acused may have shown herself to be so indifferent to the true position that she is held ot have knowledge of the truth.

“Connivance or wilful blindness to sources of knowledge may be tantamout to actual knowledge”