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
- 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.