Tuesday, 22 October 2019
Mens rea
- Intention - desire of a particular outcome
- Recklessness - don’t care about the consequences that you foresaw
- Negligence - standard or behaviour behaviour. Don’t need to foresee the risk but you
should have
- No fault / strict - deceivingly you don’t need mens Rea. If I dint act voluntarily I couldn’t
be held liable (element of volition)
Act element - Intention
Circumstance element - any mens Rea
Result element (if there is one) like murder or manslaughter - any type of mens Rea
1
, Tuesday, 22 October 2019
The fault element in crime :
• Murder – killing a person with the intention to kill or cause serious injury. Intent as
to the act or the result.
• Criminal damage – damaging another's property intentionally or recklessly. Wider,
recklessness is enough.
• Common Assault – applying force to the body of another intentionally or recklessly
• Handling – handling stolen goods, knowing or believing them to be stolen.
Circumstance
• Theft – appropriating someone’s property dishonestly intending never to return the
property.
2
Mens rea
- Intention - desire of a particular outcome
- Recklessness - don’t care about the consequences that you foresaw
- Negligence - standard or behaviour behaviour. Don’t need to foresee the risk but you
should have
- No fault / strict - deceivingly you don’t need mens Rea. If I dint act voluntarily I couldn’t
be held liable (element of volition)
Act element - Intention
Circumstance element - any mens Rea
Result element (if there is one) like murder or manslaughter - any type of mens Rea
1
, Tuesday, 22 October 2019
The fault element in crime :
• Murder – killing a person with the intention to kill or cause serious injury. Intent as
to the act or the result.
• Criminal damage – damaging another's property intentionally or recklessly. Wider,
recklessness is enough.
• Common Assault – applying force to the body of another intentionally or recklessly
• Handling – handling stolen goods, knowing or believing them to be stolen.
Circumstance
• Theft – appropriating someone’s property dishonestly intending never to return the
property.
2
