ACTUS REUS & MENS REA Flashcards
WHAT IS SPECIFIC INTENT
Where the offender is shown to have had a particular intention to bring about a specific consequence at the time of the criminal act
WHAT IS BASIC INTENT
Recklessness will often be enough to satisfy the mens rea. The offender need not have a particular intention to bring about a specific consequence.
WHAT IS INTENT
Intent correlates with consequences. If an offender intends something; he wishes to bring about a certain consequence.
WHAT IS RECKLESSNESS
Recklessness is satisfied in situations where the defendant foresees the consequences of his actions as being probable or even possible.
WHAT IS MENS REA
A state of mind
WHAT IS ACTUS REUS
Criminal conduct
IN RELATION TO ACTUS REUS - WHAT IS AN OMISSION
A person failed to act in a certain way
DUTY
Dangerous situation created by the offender without taking any action to counteract the danger he created.
Under statute, contract, or public office - police officer fails to intervene to prevent an assault, person involved in a serious 1V fails to remain at scene.
Taken it upon himself - eg; offender took it upon himself to care for 1M friend who subsequently died from neglect.
Young person - parent does not fulfill obligation to look after health and welfare of their child
CASE LAW
THE DEFENDANT WAS CONVICTED OF MURDER AFTER STABBING THE VICTIM IN THE STOMACH DURING AN ALTERCATION. HE ARGUED UNSUCCESSFULLY THAT HE HAS BEEN AIMING FOR THE VICTIMS LEG KNOWING THAT HE COULD HAVE SEEIOUSLY INJURED THE MAN, BUT DENIED WANTING TO KILL HIM
R v Harney
CASE LAW
COURT SUGGESTS AS A GENERAL RULE RECKLESSNESS IS TO BE GIVEN THE SUBJECTIVE MEANING. THE CONCEPT IS SUBJECTIVE IN THAG IT REQUIRES THAT THE OFFENDER KNOW OR HAVE A CONSCIOUS APPRECIATION OF THE RELEVANT RISK AND IT MAY BE SAID THAT IT REQUIRES “ A DELIBERATE DECISION TO RUN THE RISK
R v Tipple
