Knowledge (legal construct)

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, but also that the defendant knew that it was taken without consent.^[1]

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".^[2]

Knowledge can be actual, constructive, or imputed.^[3]

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, only honest.^[4] For example, in R v. Williams^[5] 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^[6] 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

See also: Willful ignorance

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.^[4] 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.^[7]

Imputed knowledge

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.^[8]