Actus reus

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  • Created by: 10ebew
  • Created on: 08-06-16 09:11

Mens Rea

Guilty state of mind - 3 states

  • Intention (direct and indirect)

  • Recklessness

  • Negligence (gross for manslaughter)

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Actus Reus

Guilty act or omission (fail to act), Causation (legal and factual), omissions

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Strict liability

Mens rea is not required as to one or more elements of the actus reus

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Actus reus - burden of proof

  • Standard of proof is beyond reasonable doubt
  • Burden of proof is on the prosecution as they have to prove beyond reasonable doubt but rare exceptions where BOP is on the defence
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Definition of actus reus

physical elements of the crime -

  • conduct
  • consequences
  • circumstances
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White 1910

  • D put potassium cyanide into his mother’s bed time drink and he intended to kill her
  • she was found dead the next morning sitting on her sofa with the drink untouched beside her
  • She died of a heart attack but even if she drank the drink it wasn’t enough to kill her
  • D was convicted of attempted murder
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