Mens Rea in Statutory Offences
| Author | A. Laurence Polak |
| DOI | 10.1177/0032258X6303600704 |
| Published date | 01 July 1963 |
| Date | 01 July 1963 |
A.
LAURENCE
POLAK,
B.A.
MENS
REA
IN
STATUTORY
OFFENCES
The decision
of
the Judicial Committeeof the Privy Council in
Lim Chin
Aik
v. TheQueen (1963), 2 W.L.R.42, thoughnotinitself
binding on the English courts, adds weight to the considerable body
of law onthisvexed question: To what extent and in whatkind
of
cases is it necessary, inorder that the prosecution may secure a
conviction, toprove mens
rea-i.e.
guilty knowledge orguilty intent
on the part of the accused indoing the act whichresulted in the
prosecution? (The casewas briefly referredto inRecent Judicial
Decisions in our April issue.)
The accusedwas convicted for contravening a certain section of
the Singapore Immigration Ordinance,by remaining in the State,
which he hadenteredthough he hadbeen prohibited from entering
by an order made by theMinister underanother section.At the
trialtherewas noevidence fromwhich itcouldproperlybeinferred
(1) that the order had come tothe noticeor attention
of
the accused,
or (2) that he hadguilty knowledgeor intentin remainingin the
State.
It
was shown that the definition of the offence,for which he
was convicted, didnot requireit tohave been committed
"knowingly" or
"without
reasonableexcuse."Inmanycases (as
will be shownbelow) theomission ofsuchorsimilarwords,in a
statute or statutory instrument, has been held toimply that the
prohibition was absolute, and that theoffence couldbecommitted
without proof
of
mens rea.Inthis case, however, thePrivy Council
held that the omission
of
such or similar words couldnotbe taken
to oust the fundamental rule generally applicableto criminaloffences.
Common Law
That fundamental rule, thoughitgoes backtothevery rootsof
the common law, has been clearly formulated in the Institutes
(Book 3 Ch.6) ofSir Edward Coke,C.J.(1628) inthe
maxim-
actus nonfacit reum nisi mens sit
rea-that
is, " the act (alone) does
not makea manguilty unless hehas aguilty
intention"
-unless
he has a blameworthy state
of
mind.One elementary example is
an (apparently) guilty act arising from a mistake offact.The man
who, in a cloakroom, takesandcarriesoff somebodyelse's over-
coat from apeg, reasonablyandbonafide believing it tobehis own
garment,is notguilty
of
larceny; the
"guilty
intention"
was
July 1963322
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