Mens Rea Flashcards
What is Mens Rea?
- Guilty mind
- Distinguishes between harmful conduct and wrongful conduct
Types of Mens Rea
Intention, Recklessness, Dishonesty, Knowledge/belief/suspicion, (Gross) negligence, Strict liability
Intention
- The most serious crimes are crimes of intention
- Murder and GBH
Recklessness
Statutory offences using ‘maliciously’ such as criminal damage
Knowledge/suspicion/belief
Handling stolen goods ‘knowing or suspecting’; money laundering offences; rape
Gross negligence
Examples such as manslaughter by gross negligence
Strict liability
Regulatory offences
Criminal damage
- Criminal Damage Act 1971
- Without lawful excuse, damages or destroys any property, intention/recklessness
The correspondence principle
‘Unless a contrary intention appears, a person does not commit [an offence] unless he acts intentionally, knowingly or recklessly in respect of each of its elements’
Exceptions to correspondence - Strict liability
- Actus reus without mens rea
- Offences may be fully strict liability, or serious offences may have strict liability elements
Exceptions to correspondence - Constructive crimes
- (Part of) actus reus without mens rea
- Base crime mens rea + aggravated assault = more serious crime
Exceptions to correspondence - Ulterior intent
- Mens rea without actus reus
- Permanent deprivation is not part of the actus reus
Coincidence principle - theory
Mens rea must coincide in time with the action causing the actus reus
Coincidence principle - practice
The cases are about finding a way around the rule
Transferred malice
Mens rea directed at x, actus reus takes place, but to y
The mens rea and actus reus must be for the same crime
