Knowledge (legal construct)

From Wikipedia, the free encyclopedia
  (Redirected from Knowingly)
Jump to: navigation, search

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 prosecution 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.[1]


Knowledge can be actual, constructive, or imputed.

Actual knowledge[edit]

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 reasonable, only honest.[3] For example, in R v. Williams[4] the defendant intervened in what he thought was a mugging but was in fact a citizen's arrest. His mistake was upheld as a defense against a charge of assault. In Beckford v. R[5] 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.

Constructive knowledge[edit]

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.[3] 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.[6]

Imputed knowledge[edit]

This is relevant in strict liability 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.[7]


  1. ^ Theft Act 1968, s.12
  2. ^ Herring (2004) p.170
  3. ^ a b Herring (2004) p.171
  4. ^ [1987] 3 All ER 411, CA (England)
  5. ^ [1987] 3 All ER 425, (UK Privy Council)
  6. ^ Anderton v. Ryan [1985] AC 560, HL (England)
  7. ^ Ferguson v. Weaving [1951] 1 All ER 412 (England)


  • Herring, J. (2004). Criminal Law: Text, Cases, and Materials. Oxford: Oxford University Press. pp. 170–172. ISBN 0-19-876578-9.