Actus Reus and Mens Rea of crimes Flashcards
What is the actus reus and mens rea for murder?
The actus reus of murder is causing the death of another human being.
The mens rea is “wicked intent” to kill another human being, or through “wicked recklessness”
What is the actus reus and mens rea for involuntary culpable homicide?
actus reus - causing the death of another human being
mens rea - falls short of murder, nonetheless regarded as criminal
What is the actus reus and mens rea for voluntary culpable homicide?
actus reus - causing the death of another human being
mens rea - intending to kill another human being but having been PROVOKED or suffering from DIMINISHED RESPONSIBILITY.
What is the actus reus and mens rea for assault?
actus reus - attack on the person of another
mens rea - intent to cause personal injury, or intending to place another person in a state of fear or alarm.
What is the actus reus and mens rea for theft?
actus reus - appropriation of property belonging to another without consent
mens rea - intending to deprive another person of their property
What is the actus reus and mens rea for reset?
actus reus - being privy to the retention of goods which have been dishonestly obtained by another
mens rea - knowing that the goods have been stolen, or being wilfully blind
What is the actus reus and mens rea for embezzlement?
actus reus - missappropriation of goods to which the accused had been entrusted
mens rea - intending to deprive the owner of their goods
What is the actus reus and mens rea for fraud?
actus reus - the obtaining of a practical result through false pretence
mens rea - intending to achieve that result
What is the actus reus and mens rea for robbery
actus reus - appropriation of property belonging to another accomplished through violence or threats of violence
mens rea - intending to deprive a person of their property
What is the actus reus and mens rea for extortion?
actus reus - the obtaining or property or some other advantage by means of illegitimate threats or demands
mens rea - intending to deprive the owner of their property, or to gain the advantage.
What is the actus reus and mens rea for malicious mischief?
actus reus - causing damage to property belonging to another
mens rea - wilful or recklessly causing damage
What is the actus reus and mens rea for Wilful fire-raising?
actus reus - setting on fire property belonging to another
mens rea - intentionally setting property on fire
What is the actus reus and mens rea for breach of the peace?
actus reus - behaviour which is serious enough to cause alarm to ordinary people and threaten serious disturbance to the community
mens rea - intentionally doing an act which causes alarm or threatens disturbance
