Introduction Flashcards
1
Q
For most criminal offences what do the prosecution have to prove?
A
Actus reus and mens rea
2
Q
If you do not have the required mens rea, what’s is likely to happen?
A
The defendant will not be punished because they are not to blame for his or her actions
3
Q
What is mens rea?
A
Guilty mind - the mental element of the crime. It describes the mental. It describes the mental state of the defendant at the time of the crime.
4
Q
What are the types of mens rea?
A
Intention
Recklessness
Gross negligence
5
Q
What does mens rea literally mean?
A
Guilty mind
6
Q
What are the different levels of men’s rea?
A
Intention
Recklessness
Goss negligence
7
Q
What do mens rea and actus reus usually have to do?
A
Coincide
