Mens Rea - General

Question 1

Explain the significance of R v Majewski.

Answer 1

Simon LJ - Mens rea = “The state of mind stigmatised as wrongful by the criminal law where + Prohibited conduct = Particular offence

Question 2

Explain the significance of R v Moloney.

Answer 2

Mens rea often has to be inferred from the surrounding circumstances - Look at accused’s actions and surrounding circumstances of the case

Question 3

Explain the significance of Clifford v DPP (HC).

Answer 3

Charleton J:
- “Intention has nothing to do with motive”; Blowing up the luggage in a plane analogy
- Motive = Evidential matter; support guilt or RD

Question 4

What are the 4 types of mens rea/states of fault?

Answer 4

1. Intention
2. Recklessness
3. Negligence
4. Strict liability

Question 5

Give 4 reasons for having a mens rea requirement.

Answer 5

1. Blameworthiness (moral fault)
2. Distinguishing civil from criminal matters
3. Determining the extent of fault e.g. murder v manslaughter
4. Acknowledging a deterrence role in the criminal law

Question 6

Explain the concept of the presumption of mens rea.

Answer 6

Principle of statutory interpretation – Arises where an SP is silent as to the mens rea of an offence - Presume that mens rea is required.

Question 7

Explain the significance of Sherras v de Rutzen.

Answer 7

• Presumption of mens rea requirement
  Wright J - “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…”

Question 8

Explain the significance of Sweet v Parsley.

Answer 8

Application of principle
Lord Reid - Parliament = Not blameworthy people - not criminals; Require mens rea where statute silent
Lord Morris - Require knowledge in case as no express wording or subject matter criteria to suggest parliament did not intend mens rea.
Lord Pearce - “Persons “cannot reasonably be branded with guilt whenever there happens to be on their premises someone who without their knowledge or assent smokes cannabis.”

Question 9

What are the steps for mens rea?

Answer 9

1. Apply presumption
2. Read it in
3. Can the presumption be rebutted? – Express wording or subject matter

Question 10

Explain the significance of Re Employment Equality Bill.

Answer 10

• Section 15(1) - Employer vicariously liable for employees’ actions without employer’s “knowledge or approval”
• Hamilton CJ - No mens rea requirement; Fine or imprisonment - Stigma - “Unjust, irrational and inappropriate” - Violates Articles 38.1/40.1