3. Mens rea: intention, recklessness, negligence and gross negligence

2020 ◽  
pp. 87-138
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Mens Rea ◽  
Court Decisions ◽  
Criminal Offence ◽  
Criminal Punishment ◽  
Mental Element ◽  
High Degree

This chapter focuses on mens rea (MR), the mental element of a criminal offence, and discusses some of the components of MR, which include intention, recklessness, negligence and gross negligence. It explains that intention can either be direct or oblique and that recklessness may be defined as the conscious taking of an unjustified risk. It also explains how to distinguish between negligence and gross negligence: negligence is unreasonable conduct that creates risk while gross negligence is a high degree of negligence deserving criminal punishment. The chapter also considers several examples of cases relevant to MR and analyses the court decisions in each of them.

3. Mens rea: intention, recklessness, negligence and gross negligence

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Mens Rea ◽  
Court Decisions ◽  
Criminal Offence ◽  
Criminal Punishment ◽  
Mental Element ◽  
High Degree

This chapter focuses on Mens Rea (MR), the mental element of a criminal offence, and discusses some of the components of MR, which include intention, recklessness, negligence and gross negligence. It explains that intention can either be direct or oblique and that recklessness may be defined as the conscious taking of an unjustified risk. It also explains how to distinguish between negligence and gross negligence: negligence is unreasonable conduct that creates risk while gross negligence is a high degree of negligence deserving criminal punishment. The chapter also considers several examples of cases relevant to MR and analyses the court decisions in each of them.

2. Actus reus: acts, omissions and causation

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Mens Rea ◽  
Court Decisions ◽  
Criminal Offence ◽  
Actus Reus ◽  
Mental Element

A crime consists of conduct (actus reus or AR) and a mental element (mens rea or MR). This chapter focuses on actus reus (AR), the external elements of a criminal offence. It discusses the key components of AR. These key components are omissions or the liability for failing to act and causation, which represents the connection between the conduct and the result of an act. The chapter explains that AR must be proved, must be voluntary and can also include a mental element. It also considers several examples of cases relevant to AR and analyses the bases of the court decisions.

2. Actus reus: acts, omissions and causation

2020 ◽  
pp. 29-86
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Mens Rea ◽  
Court Decisions ◽  
Criminal Offence ◽  
Actus Reus ◽  
Mental Element

A crime consists of conduct (actus reus or AR) and a mental element (mens rea or MR). This chapter focuses on actus reus (AR), the external elements of a criminal offence. It discusses the key components of AR. These key components are omissions or the liability for failing to act and causation, which represents the connection between the conduct and the result of an act. The chapter explains that AR must be proved, must be voluntary and can also include a mental element. It also considers several examples of cases relevant to AR and analyses the bases of the court decisions.

3. Mens Rea: The Mental Element

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Mental State ◽  
Mens Rea ◽  
Criminal Offence ◽  
Legal Term ◽  
Mental Element

Mens rea is the legal term used to describe the element of a criminal offence that relates to the defendant’s mental state. Different crimes have different mentes reae: some require intention, others recklessness, negligence, or knowledge. Some crimes do not require proof of any mental state of the defendant. This chapter considers the following concepts that are used throughout criminal law: (a) intention, (b) recklessness, (c) negligence, and (d) knowledge.

2. Fundamental Principles of Criminal Liability—Actus Reus and Mens Rea

2020 ◽  
pp. 5-29
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Criminal Liability ◽  
Mens Rea ◽  
Criminal Offence ◽  
Starting Point ◽  
Actus Reus ◽  
Questions And Answers ◽  
Mental Element ◽  
Different Levels

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

2. Fundamental Principles of Criminal Liability— Actus Reus and Mens Rea

2016 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Mens Rea ◽  
Criminal Offence ◽  
Starting Point ◽  
Actus Reus ◽  
Questions And Answers ◽  
Mental Element ◽  
Different Levels

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, and author commentary. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

3. Mens Rea: The Mental Element

Criminal Law ◽  
2020 ◽  
pp. 129-209
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Mental State ◽  
Mens Rea ◽  
Criminal Offence ◽  
Legal Term ◽  
Mental Element

Mens rea is the legal term used to describe the element of a criminal offence that relates to the defendant’s mental state. Different crimes have different mentes reae: some require intention, others recklessness, negligence, or knowledge. Some crimes do not require proof of any mental state of the defendant. This chapter considers the following concepts that are used throughout criminal law: (a) intention; (b) recklessness; (c) negligence; and (d) knowledge.

2. Fundamental Principles of Criminal Liability— Actus Reus and Mens Rea

2018 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Criminal Liability ◽  
Mens Rea ◽  
Criminal Offence ◽  
Starting Point ◽  
Actus Reus ◽  
Questions And Answers ◽  
Mental Element ◽  
Different Levels

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on the elements of crime and suggested answers. The traditional starting point for the study of criminal law is the constituents of a criminal offence. These are the fundamental principles of criminal liability: actus reus (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) and mens rea (often referred to as the mental element, but more accurately described as the fault element). They include the distinction between acts and omissions, causation, and the different levels of fault (intention, recklessness and negligence).

Crime as Prime

2018 ◽  
Author(s):  
Richard Holton
Keyword(s):  
The State ◽  
Mens Rea ◽  
Attempted Murder ◽  
State Of Mind ◽  
Actus Reus ◽  
Mental Element ◽  
Primitive Notion

This paper develops an account of core criminal terms like ‘murder’ that parallels Williamson’s account of knowledge. It is argued that while murder requires that the murderer killed, and that they did so with a certain state of mind, murder cannot be regarded as the conjunction of these two elements (the action, the actus reus, and the associated mental element, the mens rea). Rather, murder should be seen as a primitive notion, which entails each of them. This explains some of the problems around criminal attempt. Attempted murder cannot be seen simply as involving the state of mind of murder minus success; rather, it has to be seen as a self-standing offence, that of attempting to commit the murder.

2. The elements of a crime: actus reus

2021 ◽  
pp. 26-87
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
The State ◽  
Mens Rea ◽  
Problematic Case ◽  
State Of Mind ◽  
Two Factors ◽  
Actus Reus ◽  
Mental Element ◽  
State Of Affairs

The chapter begins the exploration of the elements of criminal offences. Two factors are crucial: the event, behaviour or state of affairs known as the external element or actus reus, and the state of mind known as the mental element or mens rea. This chapter discusses the principle of actus reus, proof and the elements of the offence, how to identify elements of actus reus and mens rea, coincidence of actus reus and mens rea, the effect of penalty provisions in determining the elements of the actus reus, actus reus and justification or excuse, the problematic case of Dadson with regard to actus reus, physical involuntariness, a ‘state of affairs’ as an actus reus, general liability for omissions, offences of mere omission, causation, the ‘but for’ principle, the connection between fault and result and negligible causes.

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