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Mens Reus and Strict Liability• DPP v Majewski [1977] AC 443
“…The Mens Rea is the state of mind stigmatised as wrongful by the criminal
law which, when compounded with the relevant prohibited conduct,
constitutes a particular offence"
• Most criminal offences require some kind of physical act (actus reus).
• The accompanying mental element (mens rea) must also be present.
Types of mens rea
• Common mens rea in crime:
Intention (specific intent crimes)
Recklessness (basic intent crimes)
Negligence
No mens rea (strict liability crimes)
Why bother with mens rea?
• Mens rea is vital in criminal law - a person who performs an actus reus with the
accompanying mens rea is far more blameworthy than a person who performs an
actus reus by mistake/accident.
• The only exception to this is strict liability offences where only an actus reus is
required.
Crimes and their mens rea
• Criminal offences must clearly state which mens rea will suffice.
• Very serious crimes (i.e., murder) require intention as a mens rea, to show a
much more blameworthy state of mind.
• However, less serious e.g., non-fatal offences and criminal damage will accept
recklessness as a mens rea.
Some offences allow more than one mens rea
• Criminal offence and Mens rea required:
Murder - Intention
Assault - Intention or recklessness
Battery - Intention or recklessness
Actual bodily harm - Intention or recklessness
Criminal damage - Intention or recklessness
Gross negligence manslaughter – Negligence (gross)
Theft – Intention and dishonesty
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