Actus Reus & Mens Rea Flashcards
1
Q
Mens Rea
A
State of mind
2
Q
Actus Reus
A
Criminal conduct
3
Q
Subjective recklessness
A
Means that the fact the consequences ought to have been foreseen by the defendant will not be enough
4
Q
Transferred Men Rea - what cant happen?
A
A defendant can not be convicted if he acted with the mens rea for one offence but commits the actus reus of another offence
5
Q
For a person to be found guilty of a criminal offence you must show he/she?
A
- Acted in a particular way
- Failed to act in a particular way (omissions) OR
- Brought about a state of affairs
6
Q
What must you show with Actus Reus?
A
- That the Defendants conduct was voluntary AND
- that it occurred while the defendant still had the requisite mens rea.
(Requisite - made necessary by particular circumstances or regulations)
