Fowler v Padget: 8 Feb 1798

Mens Rea essential to crime

In order to constitute an act of bankruptcy by a trader in departing from his dwelling-house, it is not alone sufficient that a creditor should be thereby delayed, but the departure must also have been with that intent. The word ‘or’ in the statute of the 1 Jac. 1, e. 15, must be read ‘and.’
Lord Kenyon, CJ said: ‘It is a principle of natural justice and of our law, that actus non facit reum, nisi mens sit rea. The intent and act must both concur to constitute the crime’

Lord Kenyon, CJ
[1798] EngR 47, (1798) 7 TR 509, (1798) 101 ER 1103
England and Wales
Cited by:
CitedRegina v Tolson CCR 11-May-1889
Honest and Reasonable mistake – No Bigamy
The defendant appealed against her conviction for bigamy, saying that she had acted in a mistaken belief.
Held: A man commits bigamy if he goes through a marriage ceremony while his wife is alive, even though he honestly and reasonably . .
CitedTaylor, Regina v SC 3-Feb-2016
No Liability Extension on Taking Without Consent
Appeal by leave of the Court of Appeal on a point of law arising in the course of the trial of the appellant for aggravated vehicle taking, contrary to section 12A of the Theft Act 1968. The defendant had taken a vehicle without the owner’s consent, . .

Lists of cited by and citing cases may be incomplete.


Leading Case

Updated: 31 October 2021; Ref: scu.348797