HomeCriminalMens rea - negligence, transferred malice and contemporaneity rule
Negligence in criminal liability
Negligence plays a minor role in criminal liability. It used to form the basis of some driving offences but this has been superseded by recklessness. Negligence adheres to an objective standard. This is strictly applied:
McCrone v. Riding [1938] 1 All ER 137 Case summary
The main role for negligence in criminal law is with regards to gross negligence manslaughter. The current test for establishing liability for this offence was set out in:
"whether the conduct of the defendant was so bad in all the circumstances as to amount in their judgment to a criminal act or omission."
Coincidence of actus reus and mens rea
It is a principle of English law that the actus reus and mens rea must coincide. That is they must happen at the same time. This is sometimes referred to as the contemporaneity rule or the coincidence of actus reus and mens rea. However, the courts often apply a flexible approach in holding that the actus reus is a continuing act. See:
The doctrine of transferred malice is where the mens rea of an offence can be transferred. For example where A shoots at B intending to kill B, but misses and hits and kills C, the mens rea of intention to kill be can be transferred to C. Consequently A is guilty of the murder of C despite the fact that he did not actually intend to kill C.
