Mens Rea and Actus Rea

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Murder - Murder is the unlawful killing of a reasonable person in being and under the King's (Or Queen's) Peace with malice aforethought, express or implied.
Mens Rea: Express malice aforethought, which is the intention to kill, or, Implied malice aforethought, which is the intention to cause GBH. Actus Reus: D killed areasonable creature in being under the Queen's Peace and the killing was unlawful.
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Assault - An Act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.
Mens Rea: Intention to cause another to dear immediate unlawful personal violence, or recklessness as to whether such fear is caused. Actus Reus: There must be an act which causes the victim to apprehend the infliction of immediate, unlawful force.
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Battery - The application of unlawful force to another person intending either to apply unlawful physical force to another or recklessness as to whether unlawful force is applied.
Mens Rea: Either intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied. Actus Reus: The application of unlawful force to another person.
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S47 OAPA/ABH - with the intention to cause the victim to fear unlawful force, or to subject unlawful force or to be subjectively reckless as to whether the victim fears or is subjected to unlawful force.
Mens Rea: The mens rea for common assault is sufficient for the mens rea of a s47 offence. Actus Reus: Necessary to prove that there was an assault or battery and that this caused actual bodily harm.
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S20 OAPA/GBH - Whoever shall unlawfully and maliciously wound or inflict any GBH upon any other person, either with or without a weapon, shall be guilty of an offence.
Mens Rea: Intending some injury be caused or, being reckless as to whether any injury was inflicted. Actus Reus: Wounded or inflicted GBH.
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S18 OAPA/ GBH with Intent - Whoever shall unlawfully and maliciously wound or cause any GBH to any person, with intent to do some GBH to any person, or with intent to resist or prevent lawful apprehension shall be guilty of an offence.
Mens Rea: Intended to do some GBH or, resist or prevent the lawful apprehension of any person. Actus Reus: Wounding or causing GBH.
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Theft - A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
Mens Rea: Dishonestly, with the intention of permanently depriving the other of it. Actus Reus: Appropriating property belonging to another.
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Robbery - Guilty of an offence if he steals, and immediately before or at the time of doing so he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
Mens Rea: Has the mens rea for theft, and intended to use force to steal. Actus Reus: Theft, force or putting or seeking to put any person in fear or force.
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Burglary s9(1)(a)
Mens Rea: With intent to steal, inflict GBH, or do unlawful damage. Actus Reus: Entering a building or part of a building as a trespasser.
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Burglary s9(1)(b)
Mens Rea: intent to steal or inflict GBH. Actus reus: Having entered a building or part of a building as a trespasser.
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Unlawful Act Manslaughter - D must do an unlawful act that is dangerous on an objective test. The act must cause death and D must have the required mens rea for the unlawful act.
Mens rea: Mens rea for the unlawful act they committed. Actus reus: Committing an unlawful at that is dangerous objectively and caused the death.
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Gross Negligence Manslaughter - The existence of a duty of care towards the victim, a breach of that duty of care which causes death, gross negligence which the jury considers to be criminal.
Mens rea: Gross negligence. Actus Reus: the criminal breach of the duty of care by gross negligence.
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Other cards in this set

Card 2

Front

Mens Rea: Intention to cause another to dear immediate unlawful personal violence, or recklessness as to whether such fear is caused. Actus Reus: There must be an act which causes the victim to apprehend the infliction of immediate, unlawful force.

Back

Assault - An Act which causes the victim to apprehend the infliction of immediate, unlawful force with either an intention to cause another to fear immediate unlawful personal violence or recklessness as to whether such fear is caused.

Card 3

Front

Mens Rea: Either intention to apply unlawful physical force to another or recklessness as to whether unlawful force is applied. Actus Reus: The application of unlawful force to another person.

Back

Preview of the back of card 3

Card 4

Front

Mens Rea: The mens rea for common assault is sufficient for the mens rea of a s47 offence. Actus Reus: Necessary to prove that there was an assault or battery and that this caused actual bodily harm.

Back

Preview of the back of card 4

Card 5

Front

Mens Rea: Intending some injury be caused or, being reckless as to whether any injury was inflicted. Actus Reus: Wounded or inflicted GBH.

Back

Preview of the back of card 5
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