Skip to content

9084 · 2.1.2

Mens rea

9084 Criminal — intention, recklessness, negligence, transferred malice, and the coincidence rule. This lesson covers the different states of mind required for criminal liability.

Need to know

What you need to know

  • Mens rea is the mental element or 'guilty mind' of a criminal offence.
  • It is a crucial element that distinguishes a criminal act from an accident.
  • The specific type of mens rea required (e.g., intention, recklessness) depends on the definition of the offence.
  • It must coincide in time with the actus reus for liability to be established.

Explanation

Mens rea

  1. Mens rea is the mental element or 'guilty mind' of a criminal offence.
  2. It is a crucial element that distinguishes a criminal act from an accident.
  3. The specific type of mens rea required (e.g., intention, recklessness) depends on the definition of the offence.
  4. It must coincide in time with the actus reus for liability to be established.