The Blip Blop Blog (Team Entity)

The second classification of mens rea is recklessness i.e. where a defendant commits an act without giving further thought to his or her actions. The law on recklessness is divided into the law prior to R v Caldwell (1982) and the law post R v Caldwell (1982). Prior to Caldwell the only type of recklessness that existed was subjective recklessness as per the decision in R v Cunningham (195I). In Cunningham, the appellant ripped a gas meter from a wall in an attempt to steal money that was deposited in a coin box attached to the meter and as a result gas seeped through fissures in the wall and escaped to the neighboring property where Mrs. Wade (Sarah) was sleeping. “The appellant was convicted upon an indictment framed under s 23 of the Offences against the person Act (1861) * which charged that he unlawfully and maliciously caused to be taken by Sarah Wade a certain noxious thing, namely, coal gas, so as thereby to endanger the life of the said Sarah Wade” In any statut

Mens Rea is divided into various classes. The first type of Mens Rea and the easiest to understand or comprehend is intent. Intention is affirmed when the defendant wants something to happen as a result of his or her actions. Intention itself can be divided into two categories - direct and oblique intent. Direct intent is relatively straightforward and easy enough to discern or establish. For example the defendant wants to kill a person and in furtherance of his or her thought, he or she goes to a shop and purchases a knife and having bought the knife, he or she then stabs his or her victim with the knife, knowing that his or her actions will result in the death of the victim. Similarly the defendant goes to a gunsmith to purchase a gun. He or she acquires the gun and the bullets and at a chosen time and at an appointed location points the gun at the victim and pulls the trigger, once again with the knowledge that his or her actions will result in the death of the victim.

It is a long established principle of criminal law that no crime can be committed without an evil mind and therefore the mental element or the state of the mind, at the time the crime was committed, becomes crucial when determining if an offender is guilty or otherwise. This mental element is commonly known as Mens Rea and it is derived from the Latin phrase “actus reus non facit reum nisi mens sit rea” which simply means that the act is not culpable (deserving blame) unless the mind is guilty. There are however certain exceptions for example when a crime occurs as a result of negligence. Criminal law as we know it came into existence as a result of actions committed as acts of vengeance or it is the cumulative result of acts committed as retaliatory actions for injuries, physical or otherwise, suffered or incurred, because of long standing enmities or a desire to seek revenge or to acquire some form of satisfaction or gratification for loss that has resulted from the action

Automatism even if it is self-induced can be a defense to basic intent crimes i.e. crimes where the mens rea that is required to secure a conviction is either negligence or recklessness). In R v Bailey (1983) the defendant a diabetic went over to the house of his ex-lover’s new partner (victim), clearly upset over the fact that his ex-girlfriend had moved on. The victim invited the defendant in to discuss the matter, and the defendant who had taken his insulin but had not consumed any food, prior to the visit, felt that he was going into hypoglycemic, a state caused by a lack of glucose in the body and asked the victim for a glass of sugared water and upon drinking the water, the defendant was about to leave. As he was about to step out, he dropped his glove, and the victim bent over to pick it up and while he was doing so, the defendant hit him over the head with an iron bar. The defendant was charged under s.18 of the Offences Against Person Act (1861) and the defendant c

With regards to sugar levels in the body, it can be divided into two categories. They are as follows: - 1) Hypoglycemia (a lack of glucose in the body). Hypoglycemia is caused by external factors i.e. the defendant not doing something he should be doing or doing something that he shouldn’t be doing. In such instances, depending on the facts, the defense can raise the defense of automatism and 2) Hyperglycemia (excess sugar in the body). Hyperglycemia is a condition that occurs naturally and it is caused by internal factors. In such instances, the defense can raise the defense of insanity In R v Quick (1973) the defendant a male nurse who was a diabetic had taken insulin without consuming any food, and in addition to that had consumed alcohol which aggravated the situation (whisky and rum). He assaulted a patient who was a paraplegic and inflicted injuries that included a broken nose and a black eye. The defendant was charged under s.47 of the Offences Against Pe

In 1964 parliament passed the Criminal Procedure (Insanity) Act 1964 which takes into account the defendant’s fitness to plead with regards to defendants who suffer from a disability. S. 4 of the act reads as follows: - Finding of unfitness to plead: - (1) This section applies where on the trial of a person the question arises (at the instance of the defense or otherwise) whether the accused is under a disability, that is to say, under any disability such that apart from this Act it would constitute a bar to his being tried. (2) If, having regard to the nature of the supposed disability, the court are of opinion that it is expedient to do so and in the interests of the accused, they may postpone consideration of the question of fitness to be tried until any time up to the opening of the case for the defense. (3) If, before the question of fitness to be tried falls to be determined, the jury return a verdict of acquittal on the count or each of the counts on which th

A physical disease of the mind or damage to the brain will, if the circumstances permit, allow the defendant to raise the defense of insanity, and the M’Naghten rule can be extended to cover these types of situations. In R v Kemp (1957) the defendant who was suffering from arteriosclerosis (a thickening or hardening of the arteries normally caused by old age) assaulted his wife with a hammer and the defendant was charged under section 18 of the Offences Against the Person Act 1861 for causing grievous bodily harm (GBH) to his wife. At the trial the defendant raised the defense of automatism but the trial judge directed the jury on insanity. It was held that in order to determine if the defense (insanity) would avail itself to the defendant the court had to look into whether the mental faculties of reason, memory and understanding are impaired or absent and the physical state or condition of the mind is irrelevant. If the defendant was not able to comprehend or understand th