Chapter 3 Key facts checklist
Mens rea
- Mens rea means guilty mind, but the term is better thought of as the fault element of the offence.
- The role of mens rea is to attribute fault or blameworthiness (also called culpability) to the actus reus.
- The main types of mens rea are intention, recklessness, and negligence.
- The judiciary has encountered difficulties in defining, in particular, intention and recklessness.
- Issues may arise when the mens rea and actus reus do not coincide in time.
- The doctrine of transferred malice allows mens rea to be transferred from the intended victim to the unintended victim, in certain situations.