Interaction of actus reus and mens rea

  • Created by: Hbrandxx
  • Created on: 01-01-19 12:39

Actus reus without corresponding mens rea

Strict liability offences 

  • Require no mens rea beyond voluntariness as to the conduct element e.g. driving when over prescribed alcohol limit
  • D need not intend, forese, or negligently miss circumstances to be liable 

Strict liability elements

  • Where no mens rea is required to a certain element, this is strict liability element 
  • e.g. causing V (child) to watch a sexual act, there's a number of mens rea requirements but the strict liability element is that if V is under 13, it's irrelevant if D foresaw that risk/should've foreseen it or had no way of knowing 
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Mens rea without corresponding actus reus: ulterio

  • e.g. to be liable for theft, D must appropriate the property of another (AR) dishonestly and with the intention to permanently deprive V of that property (mens rea), the requirement that D must 'intend to permanently derpive V' is a ulterior mens rea requirement 
  • D must intend to do it but whether D actually permanently deprives V is irrelevant 
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