Actus Reus and Mens Rea

Actus Reus and Mens Rea

The meanings and interpretations of Actus Reus and Mens Rea in the legal system.

published on April 09, 20125 responses 0 5.0★ / 5

What is subjective recklessness?

Where a reasonable person would have foreseen the risk.
If the risk was foreseen but the person went ahead anyway.

Define Sexual assault.

Intentional penetration, of a sexual nature with part of a body or anything else.
Intentionally, sexually touching a person that does not consent.

What is omission?

Define direct intention.

The aim and desire about the consequence.
Unplanned cause but knew it was going to happen.

'Assault is an offence is you make someone afraid' what is this referring to?

Duress
Causation
Transfer of malice

Define legal causation.

B is somewhat liable for his own injuries
A is only liable if he/she caused the other persons injuries.
A is not liable for any injuries caused

What is strict liability?

Crimes where mens rea is proved but where no actus reus is needed.
Crimes where actus reus is proved but where no mens rea is needed.
Crimes where both actus reus and mens rea is needed.

What is the definition of Actus Reus?

Define indirect intention.

The aim and desire about the consequence.
Unplanned cause but knew it was going to happen.

Name 4 of the defences for murder/manslaughter.

Select the four correct answers
Insanity
Negligence
Provocation
Diminished responsibility
Alcohol/drugs
Recklessness

Define assault by penetration.

Intentional penetration, of a sexual nature with part of a body or anything else.
Intentionally, sexually touching a person that does not consent.

What is Objective recklessness?

Where a reasonable person would have foreseen the risk.
If the risk was foreseen but the person went ahead anyway.

What is the sentence for a person convicted of rape?

6 months
10 years
Life

What is negligence?

Where a person did not foresee a risk.
Aim and desire about consequence.
The duty of care.

Define Factual Causation

'but for' the defendants negligence, the plaintiff would not have been injured.
The defendant is not liable for any injuries caused.

What is the definition of Mens rea?