mens rea :: forgotten knowledge

To be convicted of a crime, generally two coincided elements must be proved:

• Actus reus - the external or physical side of things
• Mens rea - the mental aspect

There are different types of mens rea and these can be found in statute (e.g. Crimes Act 1961) with words such as ‘intended and ‘knew’.

Where knowledge is the mental element it can be argued, in specific circumstances, that although a defendant once knew something at the time of the actus reus they were not aware of the particular fact, therefore no mens rea can be proved.

It may be appropriate that the two cases discussed on forgotten knowledge concern the possession of cannabis. One in the UK where the Court of Appeal didn’t wear the argument. The other in New Zealand where in 1974 Mr Rowles had his conviction for unlawful possession quashed on appeal.

“If in fact the appellant had forgotten the presence of the cannabis in the cabinet, then I think he was not knowingly in possession of the cannabis. The extinction of conscious knowledge, whether caused by mistaken belief or fault of memory, would be in my view fatal to the required concept of factual possession accompanied by guilty knowledge.”

Mahon J, Police v Rowles - [1974] 2 NZLR 756

On that day in court the Police were represented by our current Governor-General Anand Satyanand.