Mens Rea in UK Law
-
Sweet v Parsley
“
But in a very large number of cases there is no clear indication either way. In such cases there has for centuries been a presumption that Parliament did not intend to make criminals of persons who were in no way blameworthy in what they did. That means that whenever a section is silent as to mens rea there is a presumption that, in order to give effect to the will of Parliament, we must read in words appropriate to require mens rea.
But what about the multitude of criminal enactments where the words of the Act simply make it an offence to do certain things but where everyone agrees that there cannot be a conviction without proof of mens rea in some form? But that would be putting the presumption the wrong way round: for it is firmly established by a host of authorities that mens rea is an essential ingredient of every offence unless some reason can be found for holding that that is not necessary.
In the absence of a clear indication in the Act that an offence is intended to be an absolute offence, it is necessary to go outside the Act and examine all relevant circumstances in order to establish that this must have been the intention of Parliament. I say "must have been" because it is a universal principle that if a penal provision is reasonably capable of two interpretations, that interpretation which is most favourable to the accused must be adopted.
In the first place a stigma still attaches to any person convicted of a truly criminal offence, and the more serious or more disgraceful the offence the greater the stimga. So he would have to consider whether, in a case of this gravity, the public interest really requires that an innocent person should be prevented from proving his innocence in order that fewer guilty men may escape.
Parliament has not infrequently transferred the onus as regards mens rea to the accused, so that, once the necessary facts are proved, he must convince the jury that on balance of probabilities he is innocent of any criminal intention. I find it a little surprising that more use has not been made of this method: but one of the bad effects of the decision of this House in Woolmington's case [1935] A.C. 462 may have been to discourage its use.
But the nature of the crime, the punishment, the absence of social obloquy, the particular mischief and the field of activity in which it occurs, and the wording of the particular section and its context, may show that Parliament intended that the act should be prevented by punishment regardless of intent or knowledge.
-
R v Majewski
“
If a man of his own volition takes a substance which causes him to cast off the restraints of reason and conscience, no wrong is done to him by holding him answerable criminally for any injury he may do while in that condition. His course of conduct in reducing himself by drugs and drink to that condition in my view supplies the evidence of mens rea, of guilty mind certainly sufficient for crimes of basic intent.
-
Newby Inclosure Act 1806
... ... mens, or Hereditaments whatfoever, within the (aid Miner W TToiafljiot ofNewby, in lieu of and in exchange for any other Mefluages, Lands, 2fM^rV..w; ... ...
-
St. Michael and South Mimms Road Act 1811
... ... thereout accordingly to the Perfons refpedively entitled thereto, and capable and willing to receive the fame, or io their Agents, and upon, Pay mens 5i*GEORGlI III. Gap;t$8: 362* Payment thereof, or Tender thereof, to fuch Perfons refpe&ively, or their Agents, or upon Pavmtnt tht reof into the ... ...
-
Roads from Bromyard (Herefordshire and Worcestershire) Act 1821
... ... Capxcii. if $ha on or Persons entitled to such Lands, Tenements, or Heredita. Bank, subjest mens, be not known or discovered, then and in every such Case it shaU $iL;M; be lawfdl for the said Trustees to order the said Sum or Sums of Money ... ...
- Conspiracy: Mens Rea
-
Caldwell Recklessness is Dead, Long Live Mens Rea's Fecklessness
The House of Lords has recently reiterated its preference for a purely subjective doctrine of mens rea by overruling the Caldwell test of recklessness. It is argued that while the subjective basis ...
- Mens Rea in Statutory Offences
- Mens Rea in Traffic Offences
-
Tom McNeill On Corporate Criminal Liability (Video)
... ... shifting UK corporate criminal liability landscape and applying the ... regulatory approach to Mens Rea offences ... The content of this article is intended to provide a general ... guide to the subject matter. Specialist advice should be sought ... ...
-
Tom McNeill On Corporate Criminal Liability (Video)
... ... shifting UK corporate criminal liability landscape and applying the ... regulatory approach to Mens Rea offences ... The content of this article is intended to provide a general ... guide to the subject matter. Specialist advice should be sought ... ...
-
Dr Bawa-Garba: Could It Happen In Scotland?
... ... However the mens rea for the offence is undefined and is to be inferred from the circumstances of the accused's actions. The only guidance is that the mens rea of ... ...
-
To Report or Not to Report: Hong Kong Money Laundering Requirements
... ... The Hong Kong Government has acknowledged the low level of prosecutions and has attempted to insert a lower mens rea requirement into the Drug Trafficking and Organized Crimes (Amendment) Bill 2000. This involved changing the test for requiring a disclosure from ... ...