ABSTRACT
The term mens rea (or fault element, as it is sometimes referred to) refers to the state of mind of the accused at the time of the commission of the actus reus of an offence. The traditional maxim is ‘actus non facit reum nisi mens sit rea’: the act is not guilty unless the mind is also guilty. The only offences for which this is not a requirement are offences of ‘strict liability’ (as to which, see 3.8, below). This chapter examines the general principles of mens rea. The mens rea required for specific offences is dealt with as appropriate in subsequent chapters. Certain defences effectively involve a denial of mens rea, for example where the defendant raises issues such as insanity, diminished responsibility, intoxication or mistake. These too are dealt with in separate chapters.
