Lecture notes
Criminal Law Lecture - Year One, Term 1: Mens Rea Introduction
Criminal Law Lecture - Year One, Term 1: Mens Rea Introduction
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Seller
FollowContent preview
24th October 2019Criminal Law – Lecture 5: Mens Rea
- An offence is loosely translated to as the ‘guilty mind’
- Actus reus = focuses on external factors of an offence, mens rea focuses on the
internal elements that relate to the state if mind or fault
- Each offence will have specific mens rea elements; however, these elements refer to
categories that have a general definition: intention, recklessness, negligence,
knowledge, belief, dishonesty etc
o EG Criminal Damage, S 1(1): “A person who without lawful excuse destroys or
damages any property belonging to another intended to destroy or damage
any such property or being reckless as to whether any such property would
be destroyed or damaged shall be guilty of an offence
Actus reus: destroys or damages any property belonging to another
Mens rea: intending to destroy or damage any such property or being
reckless as to whether any…
- Internal and External mens rea:
o Subjective mens rea: culpability based on D’s own (subjective) state of mind –
the focus is on what the defendant thought and did
o Objective mens rea: culpability comparing the defendant’s conduct,
perspective and decisions with an objective standard (EG how a reasonable
person would have acted) – the focus is on what the defendant should have
though and done
- Why is mens rea important?
o Grounds the importance of mens rea on the notions of individual autonomy
and responsible agency
Individuals are responsible for their actions and their consequences,
therefore they can be blamed for them
Individuals can only be blamed for those actions and consequences
which they are responsible
Before we can blame D for what he has done, we need to ask whether
he meant to do it; he knew the risk it would happen; should have
known the risk that it would happen
Did D mean to do it?
Did D know the risk of what he was doing?
Should D have known about the risk?
o Example 1: D1 shoots V1 intending to cause death
o D2 shoots at a shooting range target. V2 is (unknown to
D) hiding behind the target
The states of mind of each defendant are not
the same, one had intention to kill, the other
didn’t
o Other examples:
D did not want to kill V, but recognised that she was virtually certain
to do so EG D actually saw V standing behind the target
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller eviesmith. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now