Mens Rea and Actus Rea Flashcards
Define what mens rea is?
- Is the defendants state of mind
-malice aforethought, which can be direct or oblique intent
-to kill or cause serious harm
-D must appreciate death or serious harm is a virtual certainty.
What is direct intent mean?
- when the consequences are desired, the main aim or purpose of D’s act.
What does oblique intent mean?
- when the consequences are not desired but are virtually certain to occur.
Where did ‘oblique intention come from?
- Section 8 of the Criminal Justice Act 1967
Describe what had happened in the case of DPP v Smith.
- The House of Lords held that the mens rea for murder is the intention to kill or case GBH
-GBH was described in this case as ‘really serious harm’ - It has been held that the word ‘really’ is unnecessary.
Define murder.
- the unlawful killing of a human being under the Queen’s peace with malice aforethought
What does Actus Reas mean?
-to the physical act or conduct that constitutes a criminal offense. In simple terms, it’s what someone does (or fails to do) that is considered illegal.
What is an omission?
- it cannot make someone guilty of an offence
What is causation?
-refers to the link between a defendant’s actions and the result of those actions
For a defendant to be guilty of a crime, their actions must have caused the harm or result that occurred.
What is one types of causation?
-Factual causation
- This asks whether the result (such as injury or death) would have happened “but for” the defendant’s actions. In other words, if the defendant hadn’t acted, would the harm have occurred?
What is another type of causation?
-Legal causation
-This considers whether the defendant’s actions were the proximate or legal cause of the harm.
-Even if the defendant’s actions were a factual cause, the court will look at whether the harm was a foreseeable result of their actions, or whether an intervening act (such as someone else’s actions or an event) broke the chain of causation.
What is Transferred Malice in Mens Rea?
Transferred Malice occurs when the defendant intends to harm one person but accidentally harms another.
The malice (intent) is transferred to the unintended victim, and the defendant can still be convicted.
What is the Legal Causation test?
Legal Causation asks whether the defendant’s actions were sufficiently connected to the result.
It examines whether any intervening events (such as the victim’s actions) break the chain of causation and absolve the defendant from liability.
What is the “But for” test in Causation?
It is used to establish factual causation.
It asks whether the harm would have occurred “but for” the defendant’s actions. If the harm would not have occurred without the defendant’s conduct, they are considered the factual cause.
What is the difference between Mens Rea and Actus Reus?
Mens Rea is the mental state or intent behind committing a crime, while Actus Reus is the physical act or conduct that constitutes the criminal offense.
