Mens Rea

Mens Rea in United Kingdom

The elements of a crime: mens rea

This section offers a description about the elements of a crime: mens rea in the study of the general principles of Criminal Law.

Definition of Mens Rea For Secondary Participation

There must be an intention by the secondary party to ‘aid, abet, counsel or procure’ the commission of the main offence.

Definition of The Gammon Tests

The law doesn’t always make it clear whether a mens rea is needed or not. The court then needs to decide and may use the gammon guidelines.

Definition of Mens Rea

Often referred to as the ‘guilty mind’.

Mens rea in Legal Latin

Meaning of the latin term “Mens rea” from the University of Kent: ‘A guilty mind’ – The state of mind that the prosecution must prove a defendant to have had at the time committing a crime in order to secure a conviction. Mens rea varies from crime to crime; it is either defined

in the statute creating the crime or established by precedent. Common examples of mens rea are intention

to bring about a particular consequence, recklessness as to whether such consequences may come about (R

v Cunningham [1957] 2 QB 396), and (for a few crimes) negligence. Some crimes require knowledge certain circumstances as part of the mens rea (for example, the crime of receiving stolen goods requires knowledge that they were stolen). Some crimes require no mens rea; these are known as crimes of strict

liability. Whenever mens rea is required, the prosecution must prove that it existed at the same time as actus reus of the crime (coincidence of actus reus and mens rea: R v Le Brun [1992] QB 61). A defendant

cannot plead ignorance of the law, nor is a good motive a defence. He may, however, bring evidence to

show that he had no mens rea for the crime he is charged with; alternatively, he may admit that he had

mens rea, but raise a general defence (e.g. duress) or a particular defence allowed in relation to the crime.

Resources

See Also

  • Legal Latin Maxims
  • Legal Latin Quotes
  • Legal Latin Dictionary

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