Mens rea
Mens rea is the “guilty mind” — the mental element of a criminal offence. Its main forms are intention, recklessness and (for some offences) negligence, and it must normally coincide in time with the actus reus.
Last reviewed 14 June 2026
Intention covers both direct intention (aim or purpose) and oblique intention, where a result is a virtually certain consequence of the defendant's act and they appreciated this (R v Woollin). Recklessness is subjective: the defendant must have foreseen the risk and gone on to take it (R v Cunningham, confirmed in R v G).
Some offences require only negligence, and a small category of strict liability offences require no mens rea as to one or more elements. The mental element must generally coincide with the guilty act.
Key cases
- R v Woollin [1999] 1 AC 82
- R v G and another [2003] UKHL 50
- R v Cunningham [1957] 2 QB 396
Frequently asked questions
What are the main types of mens rea?
Intention (direct and oblique), recklessness (a subjective test after R v G), and negligence for certain offences. A few strict liability offences require no mens rea.
Is recklessness judged subjectively or objectively?
Subjectively. After R v G (2003) the defendant must actually have foreseen the risk and unreasonably gone on to take it.