Evolution Of The Offence - Mens Rea & Actus Reus

Question 1

Mens Rea

Answer 1

• Presence of a guilty mind.

- Must be present at the time of the act/omission

Question 2

Actus Reus

Answer 2

• Commission of a guilty act

- Must have occurred while the defendant still had the mens rea.

Question 3

Voluntary Act

Answer 3

Must show that the Defendant acted or omitted to act ‘voluntarily’ and by free will.

Question 4

Coincidence With Mens Rea

Answer 4

It must be shown that the Defendant has the requisite mens rea at the time of carrying out the actus reus.

Question 5

Causal Link or Chain Of Causation

Answer 5

Once the actus reus has been proved, you must then show a causal link between it and the relevant consequences.
You must prove that the consequences would not have happened ‘but for’ the Defendant’s act or omission.

Question 6

Intervening Act

Answer 6

An intervening act will not break that causal link/chain of causation.

Question 7

Chain Of Causation - ‘But For’ Test

Answer 7

All about cause and effect.
- Eg. But for the actions of the Defendant this would not have happened.

A connection between the acts of the Defendant and the final consequence must exist in an unbroken chain of events.

Question 8

General Rule

Answer 8

• Prosecution must prove actus reus and mens rea.

- The Defendant is presumed innocent until proven guilty.

Question 9

Standard Of Proof

Answer 9

Beyond reasonable doubt

Question 10

Defences - What are the two kinds?

Answer 10

• Statutory

- Common law defences

Question 11

Defences - Statutory (5x Sections in Crimes Act 1961)

Answer 11

• Infancy (Section 21)
• Defence of self or another (Section 48)
• Defence of property (Section 52-54)
• Insanity (Section 23)
• Compulsion (Section 24)

Question 12

Defences - Common Law (6x things)

Answer 12

• Impossibility
• Necessity
• Consent
• Intoxication
• Mistake
• Sane automatism