A simple discussion about elements of a crime. special review on 'Mens Rea' according to the provisions on 'Theft' in Sri Lankan & English Criminal Law.

2. What is crime..?
There are two main definitions of crime.
1- Definition under Sociological aspect .
‘Violation of social norms which resulted a punishment on that particular person’ is consider as a crime.
2- Definition under Legal aspect.
‘If a person who violate the criminal law there is a punishment prescribe for the violation of that particular
criminal law statute’ is consider as a crime.
What are the elements of a crime..?
Crime
Actus ReusIt means a prohibited action,
conduct or an illegal omission
which is the external & physical
element of an offence
Mens Rea Mens Rea means state of Guilty
Mind or the Culpability of the mind.
Mens Rea is the internal & mental
element of an offence

3. Categories of Mens Rea There are four categories include in Mens Rea
• Criminal Intention
In Criminal Intention the person who is
engaging in a particular criminal
activity has a willful purpose to achieve
the particular result of that offence.
Then he or she should have taken
some steps to achieve that culpable
purpose.
• Recklessness
In Recklessness there is no any blameworthy
purpose to the person who has alleged in the
offence. There is only less attention for the
behavior that the particular person has engaged in.
in this circumstance the alleged offender doesn’t
have any guilty purpose or any will to achieve a
particular culpable result.
• Negligence
Some Scholars said that Negligence is an
extension of Recklessness. But there is a
different between these two concepts.in
Negligence there is neither any wrongful
purpose nor any attention to the action that
the particular person is involving. Because
of that he or she will get surprise for the
result of the action which he or she has
committed.
• Wrongful Knowledge
In this instance the person who involve in the
particular activity , knows the wrongfulness of
that.as a reasonable person he doesn’t want to
achieve the specific harmful result. But he is
engaging continuously of that particular activity.

4. Categories of Mens Rea according to contemporary criminal law
In modern criminology & modern criminal law, many scholars say that Negligence and
Recklessness couldn’t be divided to two categories. then they categorize these two state of
mind under “Non-Criminal Intention”.
according to contemporary criminal law The Mens Rea could be divided to two main
categories.
Mens Rea
Non-Criminal
Intention
Criminal
Intention
•Criminal Intention
•Wrongful Knowledge
•Recklessness
•Negligence

5. How is the Mens Rea applying to the criminal law?
According to Sri Lankan criminal law…
Sri Lanka has a Codified Law. Then the offences and the conditions of the elements for that particular offences &
also the punishments are prescribed in statutory provisions.
Ex- Theft.
According to the penal code of Sri Lanka, the offence of ‘Theft’ mention in Sec; 366.
“Whoever, intending to take dishonestly any movable property out of the possession of any person,
without that person’s consent, move that property in order to such taking, is said to commit theft”
The provision mention in This section can be divided to two main parts..
1. an intention to take dishonestly any movable property out of the possession of any person without that
person’s consent.
2. A moving of that property in order to such taking.
In these two parts, the 1st one mentions that the Mens Rea of the offence of Theft.
Ex - ABDUL v. DIAS. 538, P. C, Galle, 48,885

6. According to English Criminal law…
mainly, English Law is a Judge made law, but in some times there are some statutory provisions could
be found in English Law.
Ex- Theft Act 1968
• According to the ‘Theft Act’ a Theft means “A person is guilty of theft if he dishonestly
appropriates property belonging to another with intention to permanently deprive the other of it”
The Mens Rea of this provision is..
Dishonesty Intention to permanently deprive.
According to the English Law the Mens Rea of the offence of Theft is fulfill with the ‘Dishonestly’
of the offenders purpose and the ‘Intention to permanently deprive’ of that stolen property.
Ex-
R v Ghosh [1982] 3 WLR 110
R v Holden [1991] Crim LR 478 Court of Appeal

7. Difference between the required Mens Rea of Sri Lankan & English Criminal law provisions.
• In English Criminal law procedure many statutory provisions doesn't have clear mention about the Mens Rea
of the offence. Because of that the rational of Strict Liability is used regularly in English law.
Ex- R v Prince (1875) LR 2 CCR 154
• But in Sri Lankan it has been clearly prescribed the Mens Rea of the particular offence in the Penal Code.
In Sri Lankan Penal Code the general Exceptions basis on the mental conditions are mentioned in sec;69 & 72
Ex- PERERA vs. MUNAWEERA S. C. 1,176-M. C. Colombo, 57,397
but at some time in Sri Lanka also used the Concept of Strict Liability - Ex – Perumal vs, Arumugam(40 NLR 532)
Difference between the required Mens Rea of Sri Lankan & English Criminal law provisions on Theft.
In English Law The Mens Rea for the offence of Theft is completed with the collaboration of the dishonest intention
& Intention to permanently deprive.
In Sri Lankan Law the intention to take dishonest is enough to complete The required Mens Rea for the offence of
Theft.