Mens rea ("guilty mind") is the mental element that, alongside the actus reus, must be established for most criminal offences. The level of mens rea required depends on the offence but the principal varieties recognised by English criminal law are:
- **Intention** — direct intention (it was the defendant's aim or purpose) or oblique intention where the consequence was a virtually certain result of the act and the defendant appreciated as much (R v Woollin). - **Recklessness** — the defendant foresaw a risk and unreasonably went on to take it. The Cunningham subjective standard now applies to most offences (R v G replaced Caldwell objective recklessness in 2003). - **Negligence** — failure to meet the standard of the reasonable person; rare in serious offences. - **Strict liability** — no mens rea required; survives mainly in regulatory offences.
Mens rea — intention, recklessness, negligence
Mens rea fixes the boundary between harmful conduct and culpable criminal responsibility.
Murder — the mens rea of homicide
The fault element for murder: malice aforethought, intention to kill, and oblique intent.
Mens rea — intention and recklessness
Defining the mental element: direct and oblique intention, Cunningham recklessness, and foresight of consequences.
Murder and voluntary manslaughter
Murder's mens rea and the partial defences that reduce liability to manslaughter
A defendant is charged with actual bodily harm (ABH) under s47 of the Offences Against the Person Ac
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25 landmark · 0 recent judgments · 22 semantic matches for “mens rea”