Picture of two heads

Open Access research that challenges the mind...

The Strathprints institutional repository is a digital archive of University of Strathclyde research outputs. Strathprints provides access to thousands of Open Access research papers by University of Strathclyde researchers, including those from the School of Psychological Sciences & Health - but also papers by researchers based within the Faculties of Science, Engineering, Humanities & Social Sciences, and from the Strathclyde Business School.

Discover more...

'Something wicked this way comes' : the mens rea of murder in Scots law

McDiarmid, Claire (2012) 'Something wicked this way comes' : the mens rea of murder in Scots law. Juridical Review, 2012 (4). pp. 283-304. ISSN 0022-6785

Full text not available in this repository. (Request a copy from the Strathclyde author)


This piece examines the mens rea of murder in Scots criminal law in its legal and theoretical contexts, arguing that, as the dividing line with culpable homicide, the mental element needs to reflect murder's greater blameworthiness. It follows the trajectory of three, relatively recent cases(Drury v HM Advocate; Purcell v HM Advocate and Petto v HM Advocate) looking at the meaning attached by them to the concepts of "wicked recklessness" and "wicked intention to kill". In relation to the former, it concludes that, alongside an extremely high (breathtaking) level of risk (of death) judged objectively, the law should also seek a subjective element, being an indication that the accused has accepted the risk of death created by his / her action.