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Topic 1 Principles of Criminal Law
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The National University of Advanced Legal Studies
Understanding Mens rea In the light of Intention, Knowledge & Motive
Gokul Nair C.C.
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Understanding Mens rea Introduction
There is no term fraught with greater ambiguity than the venerable Latin phrase 1 haunts * Criminal Law: mens rea.
Mens rea or the mental element in crime is one of the most important concepts of Criminal
A literal translation of the term is ‘guilty mind’, but it is said that there is no need for the acc
to feel morally guilty or to know what he does is morally blameworthy as the Courts-Ma 2
Appeal Court said that ‘ mens rea does not … involve blameworthiness’ .
The term mens rea in criminal law is used to describe the various mental states that accom
an actus reus. The working definition of mens rea as provided by Smith and Hogan gives basic idea about the concept in its modern sense. “Intention, knowledge or recklessness with respect to all elements of the offence together any ulterior intent which the definition of the crime requires.”
The ‘elements of the offence’ as mentioned here are used to indicate the consequences and
circumstances of the acts of the accused i.e., the actus reus, and the words ‘inten
‘knowledge’, ‘recklessness’, etc. are used to denote the subjective mental states of the accu
In order to constitute a crime there must be a mind at fault. It is said that no act in itse criminal, as the act becomes criminal only when the actor does it with a guilty mind.
Master your semester For example, causing an with injury toScribd a person in exercisingRead of your right self-defence is n Free Foron 30of Days Sign up to vote this title crime, York but the Times moment an injury is caused with an intent to take & The New Not usefulthe act beco Useful revenge, Special offer forcriminal. students: Only $4.99/month.
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Understanding Mens rea
As far as the mental states are concerned, there is no single state of mind that must be prese a prerequisite for all crimes. Mens rea takes on different forms in different surroundings, as is evil intent for one kind of an offence may not be so for another kind. The complexity has increased by the use of words such as malice aforethought, intention, recklessness
negligence to indicate the elements of mens rea. Therefore, in order to appreciate the meanin
mens rea it is necessary to have a clear understanding of words like intention, mo
knowledge, etc.
Determining mens rea: Determining mens
The principle of mens rea defines the mental states required for criminal responsibility.
Generally speaking, commentators accept different mental states that qualify as mens General, specific, and Transferred Intent. GENERAL INTENT
General Intent refers to the actus reus, that is, the intent to commit the act required in
definition of the crime. For example, the required act in theft is the taking and carrying awa another’s property and in rape, sexual penetration.
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designates the requirement to do something in addition to the actus reus. For examp Special offer forItstudents: Only $4.99/month.
house breaking, an intent to commit a crime after breaking and entering in and in theft
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Understanding Mens rea
injured, by transferring the malice they had towards the intended victims to the actual vic
who suffered harm. But this transfer is not made if the intent was not to accomplish similar h
For example, an intent to assault does not transfer to the breaking of a window by throwi
rock intended to injure the victim. Kurien v. State of Kerala and r. v. Pembliton make position clear.
Intention as as mens mens rea: rea:
Intention is a term which is very difficult to define. It is a common term known to everyone
it can be variously used to mean the object, purpose, the ultimate aim or design behind doin
act. To intend is considered to have in mind a fixed purpose or desire to bring abo
contemplated result or objective. The noun ‘intention’ in its present form is used to denote
state of mind of a man who not only foresees but also wills the possible consequences o
conduct. Intention, therefore, is usually used in relation to the consequences of an act, and n relation to the act itself.
If one person throws another from a high tower or cuts off his head it would seem plain tha
both foresees the victim’s death and also desires it: the desire and foresight will also be the s
if a person knowingly leaves a helpless invalid or infant without nourishment and it resul
death. It will be noted in all such cases that the man had intended the desired act. Everyt
which is the natural and probable consequence of the act must be taken to be the intention o
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is that shade of guilty mind which generally results in most severe form of punish Special offer forIntention students: Only $4.99/month. to the wrongdoer, as compared to all the other types of
. The main reason behind
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Understanding Mens rea rea: Knowledge as mens as mens rea:
Similar to that of intention, knowledge is also used to impose a requirement of mens rea.
Knowledge is awareness on the part of the person concerned, indicating his mind. A person
be supposed to know when there is a direct appeal to his senses. In other words, knowledge i awareness of the consequences of the act. It is the state of mind entertained by a person regard to existing facts which he has himself observed or the existence of which has
communicated to him. In many cases, intention and knowledge merge into each other and m
the same thing, more or less, and intention can be presumed for knowledge. Knowledg
different from intention by the fact that it does not have the element of ‘desire’. This means
a person may be aware of the consequences of his act, though he may not intend to bring t
about. Knowledge as contrast to intention, signifies a state of mental realization in which
mind is a passive recipient of ideas or impressions arising in it, while intention signifi
conscious state of mind in which mental faculties are summoned into action for the delibe prior conceived and perceived consequences.
Even if the person didn’t desire to bring about the consequences, but, had knowledge that t
consequences might follow, he will also be held responsible and will be convicted; though
like the person who intended to do it. Thus, knowledge is on a slightly lower plane as comp to intention as far as awarding the punishment for an offence is concerned.
Master your semester withof handling Scribd For instance, A person is guilty only if he knows orFree believes the goods tobe stole Read Foron 30 Days Sign up to vote this title & The New York Times Useful Not useful The Criminal Courts recognize several degrees of knowledge
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Understanding Mens rea Willful Blindness:
Lord Bridge in Westminster CC v Croyalgrange Ltd [1986] 1 WLR 674 said that knowl
could be based ‘on evidence that the defendant had deliberately shut his eyes to the obviou
refrained from enquiring because he suspected the truth but did not want to have his suspic
confirmed’. Although Lord Bridge spoke of ‘inference’, it is arguable that the rule is one of l Constructive Knowledge:
This degree of knowledge occurs when the accused ought as a reasonable person to have m inquiries.
The first type is always covered by ‘knowing’ or ‘knowingly’. The second type is us
covered, but not always. The third is rare in traditional criminal law but arises when parliam creates an offence where the accused had reasonable cause to believe.
Intention and Motive
Motive is the reason or ground for an action; whereas, intentions are the will or desire to do
act to satisfy the motive. In other words, intention is an operation of the will directing a wron
act; motive is the feeling which prompts a person to intend a certain thing; i.e., motive i
ultimate object of the person. For example, if A kills B, the intention is a state of mind w
directs the act which causes death, whereas the motive is the underlying and ultimate o Master your semester with Scribd Read Free Foron 30this Days Sign up to vote title which the person had in view, like, the satisfaction of some desire such as, revenge, ha & The New York Times Useful Not useful Cancel anytime.
etc. Motive is not a basis for criminal liability. Criminal law takes into account on Special offer forvengeance, students: Only $4.99/month.
man’s intention and not his motive. A good motive will not render lawful what is in fact a cr
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