Actus Reus and Mens Rea

Question 1

What is actus reus?

Answer 1

Guilty conduct (anything not involving the state of mind)

Question 2

What is mens rea?

Answer 2

Guilty state mind

Question 3

What is the standard of proof?

Answer 3

Burden of proof is on prosecution and standard is beyond reasonable doubt.

Question 4

What is the general rule and exceptions for omissions?

Answer 4

General rule is no criminal liability except:
- Statutory.
- Special relations.
- Voluntary assumption of care.
- Duty because of dangerous situations.

Question 5

What must be established in causation?

Answer 5

1) Factual causation (But for test)
2) Legal causation(Defendants conduct must be substantial and operating cause of consequences

Question 6

What is the rule with third party interventions?

Answer 6

general principle that defendant will not be liable if a third party’s intervening act is either free, deliberate and informed or not foreseeable.

Question 7

What do jury consider when deciding mens rea?

Answer 7

• Was consequence virtually certain to occur from D act. If so…
• Did D know it was certain to occur?

Question 8

What is defined as recklessness in mens rea?

Answer 8

• Risk must be unjustified or unreasonable.
• D must be aware of the risk and go on to take it.

Question 9

What are strict liability offences?

Answer 9

Not necessary to prove mens rea

Question 10

What is transferred malice?

Answer 10

If someone has malice to commit a crime it is transformed to unintentional victim

Question 11

What is ulterior intent in mens rea?

Answer 11

Where the mens rea goes beyond actus reus, can be guilty even if they didn’t do it.