Lecture notes

Mens Reus and Strict Liability
• DPP v Majewski [1977] AC 443
 “…The Mens Rea is the state of mind stigmatised as wrongful by the criminal
law which, when compounded with the relevant prohibited conduct,
constitutes a particular offence"
• Most criminal offences require some kind of physical act (actus reus).
• The accompanying mental element (mens rea) must also be present.

Types of mens rea

• Common mens rea in crime:
 Intention (specific intent crimes)
 Recklessness (basic intent crimes)
 Negligence
 No mens rea (strict liability crimes)

Why bother with mens rea?

• Mens rea is vital in criminal law - a person who performs an actus reus with the
accompanying mens rea is far more blameworthy than a person who performs an
actus reus by mistake/accident.
• The only exception to this is strict liability offences where only an actus reus is
required.

Crimes and their mens rea

• Criminal offences must clearly state which mens rea will suffice.
• Very serious crimes (i.e., murder) require intention as a mens rea, to show a
much more blameworthy state of mind.
• However, less serious e.g., non-fatal offences and criminal damage will accept
recklessness as a mens rea.

Some offences allow more than one mens rea

• Criminal offence and Mens rea required:
 Murder - Intention
 Assault - Intention or recklessness
 Battery - Intention or recklessness
 Actual bodily harm - Intention or recklessness
 Criminal damage - Intention or recklessness
 Gross negligence manslaughter – Negligence (gross)
 Theft – Intention and dishonesty