Knowingly
Encyclopedia
In law
knowledge is one of the degrees of mens rea
that constitute part of a crime
. For example, in English law
, the offence of knowingly being a passenger in a vehicle taken without consent (TWOC
) requires that the procecution prove, not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, the prosecution must also prove that the defendant knew that it was taken without consent.
Under the principle of ignorantia juris non excusat
, ignorance of or mistake about the law is no defence. The mens rea of knowledge refers to knowledge about certain facts. It is "a positive belief that a state of affairs exists."
Knowledge can be:
, only honest
. For example, in R v. Williams the defendant intervened in what he thought was a mugging
but was in fact a citizen's arrest
. His mistake was upheld as a defence against a charge of assault
. In Beckford v. R the defendant was a police officer
who shot and killed V. Beckford claimed that he believed that V was shooting at him. It was found that the correct test was whether D "honestly believed" facts which, if true, would establish a defence. The reasonableness of the belief would be evidential
in finding whether it was truly believed.
d, but desirable items from a stranger. Such a person is likely to be fixed with constructive knowledge that the items were stolen
.
offences and in corporate crime
. For example, if a bar manager delegates his duties to others and those others know of unlawful activities on the premises, the manager can be fixed with imputed knowledge of the unlawful activities.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
knowledge is one of the degrees of mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
that constitute part of a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
. For example, in English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, the offence of knowingly being a passenger in a vehicle taken without consent (TWOC
TWOC
TWOC is an acronym standing for Taking Without Owner's Consent. Synonyms used by police in the UK include UTMV: Unlawful Taking of a Motor Vehicle, and TADA or TDA: Taking and Driving Away...
) requires that the procecution prove, not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, the prosecution must also prove that the defendant knew that it was taken without consent.
Under the principle of ignorantia juris non excusat
Ignorantia juris non excusat
Ignorantia juris non excusat or ignorantia legis neminem excusat is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content...
, ignorance of or mistake about the law is no defence. The mens rea of knowledge refers to knowledge about certain facts. It is "a positive belief that a state of affairs exists."
Knowledge can be:
- Actual;
- Constructive;
- Imputed.
Actual knowledge
A defendant does not have actual knowledge if he believes something to the contrary. The standard is subjective and the belief of the defendant need not be reasonableReasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...
, only honest
Dishonesty
Dishonesty is a word which, in common usage, may be defined as the act or to act without honesty. It is used to describe a lack of probity, cheating, lying or being deliberately deceptive or a lack in integrity, knavishness, perfidiosity, corruption or treacherousness...
. For example, in R v. Williams the defendant intervened in what he thought was a mugging
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
but was in fact a citizen's arrest
Citizen's arrest
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the...
. His mistake was upheld as a defence against a charge of assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
. In Beckford v. R the defendant was a police officer
Police officer
A police officer is a warranted employee of a police force...
who shot and killed V. Beckford claimed that he believed that V was shooting at him. It was found that the correct test was whether D "honestly believed" facts which, if true, would establish a defence. The reasonableness of the belief would be evidential
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
in finding whether it was truly believed.
Constructive knowledge
Knowledge is also found where a defendant suspects that circumstances exist and "deliberately decides not to make any further enquiries" in case his suspicions prove well founded. A common example is a person who purchases significantly inexpensive and unprovenanceProvenance
Provenance, from the French provenir, "to come from", refers to the chronology of the ownership or location of an historical object. The term was originally mostly used for works of art, but is now used in similar senses in a wide range of fields, including science and computing...
d, but desirable items from a stranger. Such a person is likely to be fixed with constructive knowledge that the items were stolen
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
.
Imputed knowledge
This is relevant in strict liabilityStrict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
offences and in corporate crime
Corporate crime
In criminology, corporate crime refers to crimes committed either by a corporation , or by individuals acting on behalf of a corporation or other business entity...
. For example, if a bar manager delegates his duties to others and those others know of unlawful activities on the premises, the manager can be fixed with imputed knowledge of the unlawful activities.