Types of Mens Rea

Mens rea is a Latin term that refers to the mental element, or guilty mind, required to establish criminal liability. The concept of mens rea is a fundamental principle of criminal law, and it refers to the mental state of the defendant at the time of the offence. There are several types of mens rea, including:

Intention: Intention refers to the deliberate or purposeful state of mind of the defendant at the time of the offence. A person who intends to commit a crime has the highest level of culpability and may be held criminally liable for their actions.

Recklessness: Recklessness refers to the conscious disregard of a substantial and unjustifiable risk that a particular result will occur. A person who acts recklessly may be held criminally liable if their conduct results in harm.

Negligence: Negligence refers to a failure to exercise reasonable care or a breach of a duty of care that results in harm to another person. Criminal negligence may be the basis for criminal liability in certain circumstances.

Knowledge: Knowledge refers to the awareness or belief that a particular result is virtually certain to occur as a result of one's actions. A person who has knowledge of the likely outcome of their conduct may be held criminally liable if that outcome occurs.

The type of mens rea required to establish criminal liability varies depending on the jurisdiction and the particular offence. The prosecution must prove the mens rea of the defendant beyond a reasonable doubt to secure a conviction.

It should be noted that strict liability crimes do not require mens rea. Strict liability refers to the imposition of liability without proof of fault or mens rea. In some cases, certain offences such as selling of alcohol to underage persons and statutory rape are classified as strict liability offences, and a person may be held criminally liable even if they did not intend to commit those crimes.
Back to blog

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.