Actus Reus and Mens Rea

Question 1

“Actus non facit reum, nisi mens sit rea”

Answer 1

Literal Definition-
“Act not can be guilty unless accompanied by a guilty mind”

Definition-
“An act cannot be guilty unless accompanied by a guilty mind”

Question 2

Actus Reus + Mens Rea = ?

Answer 2

A crime.

Question 3

Contemporaneously occuring Actus Reus and Mens Rea.

Answer 3

Actus Reus and Mens Rea must occur at the same time. Why? To avoid liability for accidents. However judges are prepared to be flexible in their approach in order to achieve justice.

Question 4

FAGAN v METROPOLITAN POLICE COMMISSIONER (1969)

Answer 4

The appellant drove the vehicle in PC David Morris’s direction and stopped the vehicle with its front off-side wheel on David Morris’s left foot. Morris said to the appellant “Get off you are on my foot”, the appellant refused until Morris repeatedly asked before the appellant reversed the vehicle off Morris’s foot.

Judges argued that the actus reus continued until he reversed the car meaning that actus reus and mens rea must have occurred at the same time at one point.

Question 5

THABO MELI v R (1954)

Answer 5

With a preconceived plot to bring the victim to the hut and kill him. The four got him intoxicated and hit him over the head leaving unconscious. To get away with the crime they left him at the foot of a cliff where he later died of exposure.

Judges argued that the mens rea continued until the man had died, meaning that actus reus and mens rea must have occurred at the same time at one point.

Question 6

THABO MELI v R (1954)

Answer 6

With a preconceived plot to bring the victim to the hut and kill him. The four got him intoxicated and hit him over the head leaving unconscious. To get away with the crime they left him at the foot of a cliff where he later died of exposure.

Judges argued that the mens rea continued until the man had died, meaning that actus reus and mens rea must have occurred at the same time at one point.