Mens rea for defendants with mental retardation elizabeth nevinssaunders the notion that mens rea is an indicia of culpability runs deep in the american criminal law psyche. But, there are cases in which mens rea is not required for an act to be an. Lazarus t he most significant recent supreme court environmental case is. Looking at actus reus and mens rea in case law essay 777. Culpability mens rea and defenses moral blameworthiness depends on mental state and defenses. The state of mind expressly or impliedly required by the definition of the offence charged is known as mens rea. The mens rea of murder can be satisfied either by an intent to cause death or an intent to cause grievous bodily harm. A consistent approach to assessing mens rea in the criminal law. Last but by no means least, i wish to thank my supervisor, professor jenny.
In addition to meeting all of the actus reus elements of an offence, a defendant must be shown to have a guilty mind at the same time that they commit the actus reus. In other words, what was the defendants mental state and what did the defendant intend when. Understanding the doctrine of mens rea indian criminal. Held that the offence could include giving no thought to the risk. For centuries, it was a universally accepted principle of angloamerican law that a criminal conviction requires proof, not only of a wrongful actwhich lawyers call the actus. The law relating to mens rea of murder has now become settled through a series of judicial decisions which, taken together, have made it unnecessary for parliament to legislate on the. James lj has explained in the case of r v mohan4that intention is that which. Introduction the traditional starting point for the study of criminal law is the constituents of a criminal offence. Understanding the doctrine of mens rea indian criminal laws. The definition and all elements of the offence of battery are set out in case law. Mens rea is generally an essential ingredient of a crime however there are exceptions where offences do not require mens rea. To consider the actus reus and mens rea of attempts.
In criminal cases it is for the prosecution to prove the required mens rea. These cases strengthen the presumption that a guilty mind is a necessary element in the indictment and proof of every crime. Criminal law notes josh aizik 3 actus reus of the offence although not all crimes require a mens rea component, they all have an actus reus component. The actus reus of a crime may be categories into one or multiple of three categories. This resource can be used as part of a larger unit on the criminal law, or to. Actus non facit reum nisi mens sit rea legal maxim law. A consistent approach to assessing mens rea in the. A mens rea can be read in when the statute requires it usually intent or recklessness. Mens rea and actus reus are difficult concepts to grasp. The concept of mens rea was developed when judges began to realise that an act alone could not in fact create criminal liability. The mens rea of a crime refers to the mental element or the state of mind the defendant possesses in order to be liable for an offence. An analysis will follow to ascertain if the key issue, in regard to the verdict, was.
An overview of the law on mens rea relating to intention. Until relatively recently a woman could not refuse to have sexual intercourse with her husband. Most crimes require what attorneys refer to as mens rea, which is latin for a guilty mind. Actus reus is the wrongful act committed and mens rea is the state of mind behind such acts. Of all published articles, the following were the most read within the past 12 months. Mens rea in manslaughter the cambridge law journal. An important comparison of mens rea and actus reus is that, while they both involve the offender, one involves the mind of the offender while the other involves the physical action or lack of. This aspect of the case is dealt with above under actus reus. However mens rea still has many criticisms, which has been addressed by the law commission the current law and ongoing common law does and will have more flexibility to. The assault occurred whilst the defendant was in a state of hypoglycaemia low blood sugar level due to an excess of insulin. Ask the students to make a list of the main cases on attempts, explaining both the facts and the law for each. Cases criminal in form but which are really only a summary mode of enforcing civil right. Mens rea is the part of an offence relating to the defendants blameworthy state of mind when committing the actus reus basically, its about intention. Mens rea can be any one of four elements, transferred malice, recklessness, gross negligence or intention.
How floridas elimination of mens rea for drug possession is constitutional marc b. The international criminal court and the concept of mens. The defendant struck a blow with his belt at horace chapple which recoiled. Woollin remains the leading precedent used when the courts and juries are considering oblique intention. C29539 on the evening of march 10, 1996, a party at the star cafe in kitchener, ontario.
The emergence of mens rea in common law and civil law systems 98 kilaw journal vo 7 iss. For these purposes, all that is required is that the act of penetration is a deliberate or voluntary one r v heard 2008 qb 43. Norrie states that that woollin constitutes the last word on the indirect intention for murder read the full summary of this case. In terms of strict liability the court held in accordance with decisions on other. The appellant ripped a gas meter from the wall in order to steal the money in the meter. Cases on actus reus the actus reus must be voluntary r v quick 1973 the defendant, a diabetic was charged with assaulting his victim. The defendant, a diabetic was charged with assaulting his victim. This article will examine the case law leading to woollin and consider whether.
Oblique intention case statute act leading to undesired consequence purpose undesired consequence decision on how intention is to be est. To be found guilty of a crime, the prosecution must prove that there was a physical action, actus reus, and a state of mind to commit a crime, known as. When attempting to read mens rea into statute, the court must go outside the. Hence, although mens rea is a sine qua non of a criminal act, its type and degree may vary from crime to crime. Some examples are intention, recklessness, and knowledge. Cases on mens rea indirect intention r v woollin woollin remains the leading precedent used when the courts and juries are considering obliq. The court held that the defendant should have been acquitted on the ground of automatism. Vagueness in marylands judgemade law of mens rea and its consequences for the states attorneys case. There was a material misdirection by the judge which expanded the mens rea of murder and therefore the murder conviction was unsafe. The presumption of mens rea can be rebutted if some reason can be found to show that mens rea is not necessary. Mens rea, or criminal intent, is the essential mental element considered in court proceedings to determine whether criminal guilt is present, while. Mens rea in statutory offences legal service india.
Notes on mens rea intention, recklessness and negligence. The degree of mens rea required for a particular commonlaw crime varied. Murder, for example, required a malicious state of mind, whereas larceny required a felonious state of mind. It is crimes of specific intent such as murder which require a mens rea of either direct or oblique intent.
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