law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

, knowledge is one of the degrees of ''

mens rea In criminal law, (; Law Latin for "guilty mind") is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of ''mens rea'' and '' actus reus'' ("guilty act") before th ...

'' that constitute part of a

crime In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...

. For example, in

English law English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...

, the offence of knowingly being a passenger in a vehicle taken without consent ( TWOC) requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without consent. The ''mens rea'' of knowledge refers to knowledge about certain facts rather than "of the law is". It is "a positive belief that a state of affairs exists". Knowledge can be actual, constructive, or imputed.

Actual knowledge

A defendant does not have ''actual knowledge'' if they believe something to the contrary. The standard is subjective and the belief of the defendant need not be

reasonable __NOTOC__ Reasonable may refer to: * Reason, the capacity for rational thinking * Reasonable accommodation, An adjustment made in a system to accommodate an individual's need * Reasonable and non-discriminatory licensing, a licensing requirement ...

, only honest.Herring (2004) ''p.''171 For example, in '' R v. Williams'' the defendant intervened in what he thought was a

mugging Mugging (sometimes called personal robbery or street robbery) is a form of robbery and street crime that occurs in public places, often urban areas at night. It involves a confrontation with a threat of violence. Muggers steal money or person ...

but was in fact a

citizen's arrest A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn Police officer, law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in wh ...

. His mistake was upheld as a defence against a charge of

assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...

. In '' Beckford v. R'' the defendant was a

police officer A police officer (also called policeman or policewoman, cop, officer or constable) is a Warrant (law), warranted law employee of a police, police force. In most countries, ''police officer'' is a generic term not specifying a particular rank. ...

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.

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 unprovenanced but desirable items from a stranger. Such a person is likely to be fixed with ''constructive knowledge'' that the items were stolen.

Imputed knowledge

This is relevant in

strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Und ...

offences and in

corporate crime In criminology, corporate crime refers to crimes committed either by a corporation (i.e., a business entity having a separate legal personality from the natural persons that manage its activities), or by individuals acting on behalf of a corpor ...

. 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.''Ferguson v. Weaving''

951 Year 951 (Roman numerals, CMLI) was a common year starting on Wednesday of the Julian calendar. Events By place Europe * King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He reorganizes the territorie ...

1 All ER 412 (England)

References

Bibliography

* Criminal law Forensic psychology {{law-term-stub