Mens rea means a guilty mind. It is principle of the criminal law that a man can only be convicted for a crime if he commits a wrongful act with a guilty intention. Examples to illustrate mens rea are as follows:
- A man planned and robbed a bank. During the process of the robbery, he shot and killed a policeman on duty. The stolen money was later found in his home. He was tried and convicted for the crime of robbery and murder. Obviously the circumstances of the case indicate that the man committed a wrongful act with a guilty intention.
- Where a woman wilfully causes the death of her child, being under the age of twelve months, in circumstances which should amount to murder, she will not be guilty of murder but of “infanticide”. Infanticide is punishable in the same way as manslaughter.
There are, however, exceptions to the mens rea rule. These exceptions are:
- An act committed accidentally or involuntarily cannot be regarded as criminal because there is no mens rea. Example: A man was accused of murdering his wife. He admitted shooting her but claimed that it had been an accident.
- There are some statutory offences usually of a minor nature for which mens rea is not required at all. For example, the offence of making a false statement for the purpose of obtaining a certificate of insurance.
