1.2 elements of a crime & 1.4 causation

Question 1

What are the three elements of crime need to be proved beyond reasonable doubt before going to trial?

Answer 1

1. Actus reus
2. Mens rea
3. Causation (link between actus and mens)

Question 2

Define actus reus

Answer 2

Physical act of committing the crime

Question 3

Define mens rea

Answer 3

Guilty mind, prove that the accused intended to achieve the outcome

Question 4

In mens rea the prosecution must prove the accused behaviour was either: (5 answers)

Answer 4

Fully intentional (difficult to prove)
Malicious
Fraudulent
Reckless
Criminal negligence

Question 5

What are the three levels of mens rea?

Answer 5

Intention -> worst one
Recklessness
Criminal negligence

Question 6

Outline causation

Answer 6

What was the action -> how did it lead to their crime
Final element that the prosecution needs to prove in the court of law
Often important to prove actus reus

Question 7

Define Actus Reus

Answer 7

Guilty act, physical act of committing a crime

Question 8

Define Mens Rea

Answer 8

Guilty mind, accused intended to commit the crime

Question 9

Define Causation

Answer 9

The behaviour of the accused resulted in the criminal act occurring

Question 10

Define Intention

Answer 10

Clear that the accused intended to be malicious or wilfully committed the crime

Question 11

Define Recklessness

Answer 11

When the accused knows their behaviour could lead to them committing a crime but does it anyway

Question 12

Define Criminal Negligence

Answer 12

The accused fails to foresee the risk and therefore allows an avoidable danger to occur