3. Mens Rea: The Mental Element

Abstract

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.