Mens Rea Flashcards
What are the four types of mens rea?
- Intention
- Recklessness
- Negligence
- Strict Liability
What is the role of mens rea?
- To establish blameworthiness (moral fault)
- To distinguish civil from criminal matters
- To determine the extent of fault (e.g. diffentiating between murder and manslaughter
- Acknowledging criminal law as a deterrent
- Intention
- Recklessness
- Negligence
- Strict Liability
What are the four types of mens rea?
- To establish blameworthiness (moral fault)
- To distinguish civil from criminal matters
- To determine the extent of fault (e.g. diffentiating between murder and manslaughter
- Acknowledging criminal law as a deterrent
What is the role of mens rea?
Pub owner/daughter serving liqour to a constable they did not know was on duty.
“There is a presumption that mens rea, an evil intention, or a knowledge of the wrongfulness of the act is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence or by the subject-matter with which it deals, and both must be considered…”
Sherras v de Rutzen [1895]
Rental owner held responsible for tenants smoking cannabis. House of Lords applies the presumption of mens rea and does not find it rebutted by statute wording or subject matter of the law.
Sweet v Parsley [1970]
- (1) Anything done by a person in the course of his or her employment shall be treated for the purposes of this Act as done also by that person’s employer, whether or not it was done with the employer’s knowledge or approval.
Punishable by a fine up to 15,000 EUR or a prison sentence of two years. Determined to be unconstitutional by S.C. because of severity of punishment and likelihood to attract opporbrium. Requirement would be “unjust, irrational, and inappropriate.”
Re Employment Equality Bill [1997]
