Actus Reus and Mens Rea

Question 1

What is the actus reus for murder?

Answer 1

Unlawful killing of a human in being under the King’s Peace.

(i) Unlawful - no defence/not in time of war

(ii) killing - must destroy their life (causation)

(iii) must be a human in being - must be alive and fully expelled from body of mother

Question 2

What is the mens rea for murder?

Answer 2

Malice aforethought

• intention to kill or
• intention to cause grievous bodily harm

Question 3

What is the actus reus for basic criminal damage?

Answer 3

(i) Destroy or damage
(ii) property
(iii) belonging to another
(iv) without lawful excuse