Actus Reus & Mens Rea Flashcards
What is Actus Reus?
Actus Reus is Latin for the ‘guilty act’; it refers to the physical act or conduct that constitutes a criminal offense.
What is Mens Rea?
Mens Rea is Latin for the ‘guilty mind’; it refers to the mental state or intent of the defendant while committing the Actus Reus.
What is the definition of murder in criminal law?
Murder is defined as the unlawful killing of another human being under the Queen’s peace with malice aforethought (intention).
What does ‘malice aforethought’ mean?
Malice aforethought refers to the intention to kill or cause grievous harm to another person, indicating a deliberate and premeditated act.
What is causation in the context of criminal law?
Causation concerns whether the defendant’s act caused the result suffered by the victim.
What are the two types of causation?
The two types of causation are factual cause and legal cause.
What is the ‘but for’ test in factual causation?
‘But for’ test determines if the result would not have occurred but for the defendant’s actions.
Which case established the ‘but for’ test?
The case of R v White (1910) established the ‘but for’ test.
What is legal causation?
Legal causation assesses whether the result can be legally attributed to the defendant’s actions, taking into account moral responsibility.
Give an example of a case involving legal causation.
R v Paggett (1983) involves legal causation where the defendant used his girlfriend as a human shield.
What does the De Minimis principle state?
The De Minimis principle states that the defendant’s act must not be trivial; it must significantly contribute to the harm caused.
What is an omission in criminal law?
An omission is a failure to act, which can lead to criminal liability under certain circumstances.
Under what circumstances can a person be guilty of an omission?
A person can be guilty of an omission if there is a statutory duty, contractual duty, duty arising from relationship, voluntary assumption of care, or creation of a dangerous situation.
What is the Thin Skull Rule?
The Thin Skull Rule states that a defendant must take their victim as they find them, meaning pre-existing conditions do not absolve liability.
What case illustrated the Thin Skull Rule?
R v Blaue (1975) illustrated the Thin Skull Rule by showing that religious beliefs could not prevent liability.
What is transferred malice?
Transferred malice occurs when the intention to harm one individual unintentionally causes harm to another individual.
What case is associated with transferred malice?
R v Latimer (1886) is associated with the principle of transferred malice.
What does recklessness mean in criminal law?
Recklessness refers to taking an unjustifiable risk; it can satisfy the Mens Rea requirement even without intention.
Which case established subjective recklessness?
The case of R v Cunningham (1957) established the concept of subjective recklessness.
What were the tests for recklessness before and after R v G and R (2003)?
The test for recklessness shifted from objective in Caldwell (1981) back to subjective in R v G and R (2003).
