Fundamental Principles of Criminal Liability

Question 1

Define actus reus

Answer 1

The blameworthy conduct of the defendant (‘guilty act’)

Question 2

Explain the nature of actus reus

Answer 2

The actus reus is the conduct element of a crime. All crimes will consist of guilty conduct and usually a positive act is required, but sometimes, the actus reus can consist of an omission. Pittwood [1902], Gibbins and Proctor [1918]

Question 3

Define mens rea

Answer 3

The blameworthy state of mind relevant to that crime (‘guilty mind’). Common types of mens rea include intention and recklessness.

Question 4

Identify principal types of mens rea

Answer 4

1. Intention
2. Recklessness
3. Transferred Malice

Question 5

Explain the meaning and significance of transferred malice

Answer 5

The defendant can be deemed to have intention or recklessness in respect of an injury to someone other than the intended target. Latimer [1886]

Question 6

Explain the requirement for actus reus and mens rea to coincide

Answer 6

To be found guilty of a crime, it must be proved that the actus reus and mens rea coincide at some point during the commission of the offence. Thabo Meli [1954]