Mens Rea: Intention and Recklessness Compared - 2031 Words.

Mens rea is the part of an offence relating to the defendant’s blameworthy state of mind when committing the actus reus. Basically, it’s about intention. For example, the mens rea of murder is intending either to kill or cause grievous bodily harm to any person.

Mens Rea Intention Essay Definition

The concept of mens rea is from a Latin word, guilty mind”, allows the criminal justice system to distinguish someone who set out with the intention of committing a crime from someone who did not mean to commit a crime. Under common law, a person cannot be truly guilty of a crime unless he or she consciously commits a dangerous or illegal act.

Mens Rea Intention Essay Definition

The highest level of mens rea is intention. This is also referred to as specific intention. The other types of mens rea are recklessness and negligence.

Mens Rea Intention Essay Definition

Intention requires the highest degree of fault of all the levels of mens rea. A person who intends to commit a crime, can generally be said to be more culpable than one who acts recklessly. Intention differs from motive or desire (Per Lord Bridge R v Moloney AC 905 Case summary).

Mens Rea Intention Essay Definition

Under the traditional common law, the guilt or innocence of a person relied upon whether he had committed the crime (actus reus), and whether he intended to commit the crime (mens rea).

Mens Rea Intention Essay Definition

Mens Rea is an enormous aspect of criminal law. Is the mental element that beseeched by the definition of a circumstantial crime and it encompass three degrees: intention, recklessness and negligence.

Mens Rea Intention Essay Definition

The literal meaning of mens rea, 'a guilty mind' is also somewhat misleading.

Definition of Intention in Criminal Law - 3042 Words.

Mens Rea Intention Essay Definition

Mens rea means guilty mind, but it is more about fault than guilt.

Mens Rea Intention Essay Definition

The mens rea is specific intention to destroy or damage the property which will be evident by the defendants aim. Mens rea can also be formed due to recklessness however in the case of Mick this is not a factor that needs to be considered.

Mens Rea Intention Essay Definition

There is no statutory definition for intention, generally in defined by mens rea and case law.

Mens Rea Intention Essay Definition

Essay question. Read these two answers and assess what mark you think they should get and why, entering it into the box.. Over the years, the courts have found it difficult to define mens rea elements such as intention and recklessness, despite these being everyday words. Critically evaluate the approach the courts have taken to the meaning.

Mens Rea Intention Essay Definition

I. Introduction This article argues for the uniform definition of mens rea terms, such as recklessness and intention, in English criminal law. 1 It will be demonstrated in section II that the English courts have defined these terms in various ways in different circumstances. Section III will then consider a defence of this approach offered by Victor Tadros.

Mens Rea Intention Essay Definition

The term of 'mens rea' refers to 'the mental element' but it is known as 'guilty mind'. The prosecution needs to prove whether the defendant is guilty in relation to each element of actus reus. Some crimes can be committed with different types of mens rea, for example, intention, recklessness and negligence.

Mens Rea Intention Essay Definition

To be guilty of a crime, it is usually expected that the defendant has the necessary mens rea or guilty mind, (subject to cases of strict liability.). The level of mens rea required varies for different crimes, to find the mens rea one must look at the specific definition of a crime.

Criminal Law - Lecture 4: Mens Rea: Intention. - StuDocu.

Throughout the essay it will be considered whether a statutory definition would be useful in trying to pin down the broad concept of intention, the confusion with law on intention, and whether the flexibility offered by a non-statutory definition is more desirable, by considering mens rea and case law.A Consistent Approach to Assessing Mens Rea in the Criminal Law of England and Wales By Furey, JR 2010 Submitted by Jason Richard Furey, to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Law, August 2010. This thesis is available for Library use on the understanding that it is copyright material.Mens rea Essays. Filter. Sort by. 14 essay samples is found. Sort by. Relevance; Newest; Download (max to min) Download (min to max) Actus Reus in Recklessness and Common Assault Law Essay. Maxim actus non facit reum nisi mens sit rea means that the guilty act on its own will not make a person criminally liable unless it was done with a.


Mens Rea of 9 (1)(b)- the prosecution must prove intention or recklessness as to the trespass. In addition, they must prove the mens rea of the ulterior offence (in gbh this includes recklessness). The defendant need not have the mens rea of this ulterior offence at the time of entry, but must have it when the ulterior offence is committed.Intention as the mens rea of a crime can either be direct intention (purpose intent) or indirect or oblique intention (foresight intent). Where an accused intended a particular outcome of the unlawful voluntary act the mens reas was one of direct intent.