Unit 1 - Actus Reus and Mens Rea

Question 1

Mens Rea

Definition

Answer 1

The mental state of the defendant at the time of the actus reus, including any knowledge or belief required of the proscribed circumstances (Latin for “guilty mind”)

Question 2

Actus Reus

Definition

Answer 2

The physical act(s) which form the objective element of the crime, plus any proscribed circumstances or consequences (Latin for “guilty act”)

Question 3

Direct Intent

Definition

Answer 3

The defendant’s ultimate aim or purpose

Question 4

Indirect Intent

Definition

Answer 4

1. Were the consequences virtually certain to occur (objective)?
2. Did the defendant foresee the consequences as virtually certain to occur (subjective)?

Question 5

Recklessness

Definition

Answer 5

1. At the time of AR, was the defendant subjectively aware of the risk?
2. In the circumstances known to the defendant, was it objectively unreasonable for him to take that risk?

Question 6

Who has the Burden of Proof

Answer 6

Burden of proof is the responsibility of the prosecution

Question 7

Standard of Proof

Answer 7

The prosecution must prove guilt beyond reasonable doubt

Question 8

Doctrine of Transferred Malice

Definition

Answer 8

Where the defendant has the actus reus and mens rea for a particular crime, but accidentally commits it towards someone else instead of the intended victim

Question 9

Coincidence of AR and MR

Answer 9

The AR and MR must be for the same offence and occur at the same point in time

Question 10

Omissions

Answer 10

There is general no duty to act so as to prevent harm unless there is an established duty (statutory, contractual, special relationship, dangerous situation)