Actus Reus & Mens Rea

Question 1

Actus Reus

Answer 1

• Criminal conduct
• that the defendant’s conduct was voluntary
• that it occurred while the defendant still had the requisite mens rea

Question 2

Mens Rea

Answer 2

• state of mind

- Mens rea alone will not amount to an offence. Thinking about committing a crime is not committing a crime

Question 3

Transferred Mens Rea

Answer 3

• The state of mind required for one offence can, on occasions be transferred from the original target to another. This only operates if the crime remains the same

Question 4

D.U.T.Y.

Answer 4

D - dangerous situation created by the defendant (fire)

U - under statute, contract, public office (car crash, job)

T - taken it upon him/herself (accepted care to a mentally ill person)

Y - young person (obligations exists for a parent to look after the health & welfare of their child)