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

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

Duress
Causation
Transfer of malice

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.

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 subjective recklessness?

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

What is negligence?

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

Define indirect intention.

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

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 omission?

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 the definition of Actus Reus?

Name 4 of the defences for murder/manslaughter.

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

What is the definition of Mens rea?

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.

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.

Define direct intention.

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

What is the sentence for a person convicted of rape?

6 months
10 years
Life