Mens rea CASES

R v Saik [2006] UKHL 18

Mr Saik, a bureau de change operator, pleaded guilty to conspiracy to launder money on the basis that he only suspected, rather than knew, the money was criminal proceeds. The House of Lords quashed his conviction, holding suspicion insufficient for statutory conspiracy under section 1(2) of the Criminal Law Act 1977.

R v Savage [1991] UKHL 15 (07 November 1991)

Mrs Savage threw beer over Miss Beal in a pub; the glass broke and cut Miss Beal's wrist. The House of Lords held that for assault occasioning actual bodily harm under section 47, the prosecution need only prove an assault and that actual bodily harm resulted, without requiring foresight of harm. For section 20 offences, foresight of some physical harm is required.

R v Stephenson [1979] QB 695

Stephenson, a schizophrenic vagrant, lit a fire inside a straw stack to keep warm, causing extensive damage. The Court of Appeal held that “recklessness” under the Criminal Damage Act 1971 requires a subjective awareness of risk. Because the jury were misdirected, his arson conviction was quashed.

R v Taylor [2016] UKSC 5

Taylor took a truck without consent and was involved in a fatal collision, though his driving was faultless. Charged with aggravated vehicle taking, the issue was whether injury need involve driving fault. The Supreme Court held that fault in the driving causing the injury is required.

R v Woollin [1999] 1 AC 82

Mr Woollin threw his three‑month‑old son onto a hard surface, causing his death. The trial judge directed the jury using a “substantial risk” test. The House of Lords held this mis-stated the intent required for murder, affirmed the Nedrick “virtual certainty” direction, and substituted manslaughter.

Sweet v Parsley [1970] AC 132

Miss Sweet, a teacher who let out her farmhouse to students, was convicted under section 5(b) of the Dangerous Drugs Act 1965 after tenants smoked cannabis without her knowledge. The House of Lords held that mens rea was required, quashed her conviction, and reaffirmed the strong presumption against strict liability for truly criminal offences.

Woolmington v DPP [1935] AC 462

Reginald Woolmington was convicted of murdering his wife, claiming the shooting was accidental. The trial judge directed that he had to prove accident. The House of Lords quashed the conviction, holding that the prosecution must always prove guilt beyond reasonable doubt.