Actus reus Essays

  • Actus Reus Of Rape

    995 Words  | 4 Pages

    The actus reus of rape involves the non consensual penetration of the mouth, anus or vagina of a man or woman by a man’s penis. Penetration by the penis is the key to the actus reus of rape. “Penetration is a continuing act from entry to withdrawal.” This enshrines the pre-Sexual Offences Act decision in the case of Kaitmaki that a man who continues to have intercourse after consent is withdrawn commits the actus reus of rape. This essay focuses on the law that protects a female from rape in the

  • Importance Of Mens Rea

    2029 Words  | 9 Pages

    or conduct of the accused’ (oxford dictionary reference) known as the Actus Reus of an offence. Mens rea is made up of four fault elements: Intention, Knowledge, Recklessness and Negligence. Establishing which category of Mens Rea an offence falls under is important in many cases where the prosecution must prove a ‘culpable state of mind’ (don’t have a reference but feel like need one) in respect to the result of the Actus Reus of an offence. Ascertaining what, and how much, the defendant foresaw

  • Omission Liability In Criminal Law

    2080 Words  | 9 Pages

    Introduction First of all, a defendant will only be found guilty of a crime if the prosecution can establish two main elements of a crime, which are actus reus and the mens rea. Actus reus is the wrongful act or omission that comprises the physical component of a crime. Mens rea is a person’s awareness of the fact that his or her conduct is criminal. For a defendant to be held liable, it has to be proved that the defendant voluntarily performed the act or omission. In Hill v Baxter , it was established

  • Mens Rea Definition

    1807 Words  | 8 Pages

    as the act done. When the act is not supplemented by the mental element then a crime may not be constituted, as the Latin maxim Actus non facit reum, nisi mens sit rea gives us a clear picture on the ingredients to constitute a crime and deciding its liability. The above understood latin saying depicts the connection between mens rea and a wrongdoing as a rule. Actus reus implies a wrongful demonstration. Mens rea implies a wrongful goal. The saying implies that a demonstration

  • Examples Of Strict Liability Offence In Criminal Law

    1483 Words  | 6 Pages

    Strict Liability Offences, Fair and Just or a step to far. In a criminal trial the burden is on the prosecution to prove mens rea on the part of the accused, in doing so as to demonstrate intent, recklessness or knowledge on their part unless the crime is one of strict liability. The three types of mens rea which the courts take into consideration are set out as follows; Intent refers to the state of mind accompanying an act especially a forbidden act. It is the outline of the mental pattern which

  • Necrophilia In William Faulkner's A Rose For Emily

    1173 Words  | 5 Pages

    Necrophilia is described as a person having sexual feelings or performing activities that involve a corpse. Miss Emily Grierson, the protagonist in William Faulkner’s short retrospective Gothic “A Rose for Emily,” is a necrophiliac. In this Gothic work, Faulkner illustrates how isolation from society can drive someone to commit grotesque acts. Faulkner expands on the theme of loneliness in his Gothic, “A Rose for Emily,” through the interactions Emily has with the townsmen, the death of Emily’s father

  • What Is The Difference Between Intention And Recklessness

    1371 Words  | 6 Pages

    Explain the difference between intention and recklessness as mens rea terms, identify precisely the definition of recklessness that you think should be used by the courts and explain your reasons in favour of this definition. The mens rea of a crime is considered as the mental element of a crime, whether or not the defendant knew what the were doing. It is a supposed event in a persons mind and therefore difficult to prove. Intention and recklessness are two categories of mens rea. Intention

  • Essay On Omission

    2952 Words  | 12 Pages

    A person is said to be criminally liable if he commits an act which the law renders illegal. Under English criminal law a person is generally not liable for an omission. The crime must be capable of being committed by omission. For example if A was drowning and B sees A drowning, there is no responsibility on B’s part to help A. Even if A ends up dying B is not liable for A’s death. He may only merely have a moral obligation to help but he cannot be charged with murder or battery. Basically,

  • Essay On Mental Crime

    3838 Words  | 16 Pages

    Mental state, intention and responsibility A crime is defined as an act that is capable of being followed by criminal proceedings. In any offences, the accused should be proven on whether he has physically done the act (actus reus) or that the act has casued the offending consequences. Secondly, the accused should be assessed on whether he/she has intention to do it (mens rea). Three other forms of intent that needed to be taken into considerations are: Recklessness, Negligence and Accident. Recklessness

  • Mens Rea In R V Mohan

    1352 Words  | 6 Pages

    Mens rea is the element of a crime which alludes to what is known as the “guilty mind”. The case of R v Mohan [1976] QB 1 , the case dealing with the meaning of intention in the context of the offence of murder, James LJ clarified that intention meant ‘aim’ or ‘a decision to bring about a certain consequence’ whilst mens rea is generally related with motive what it more directly links to the notion of intention. There are two types of intention, direct intention and oblique intention .Oblique intention

  • Defence Of Necessity Essay

    1822 Words  | 8 Pages

    TOPIC 7 THE DEFENCE OF NECESSITY OR COMPLUSION 1 Introduction South African “criminal law is a branch of national law that defines certain forms of human conduct as crimes”. The criminal law defence of necessity or compulsion is available and arises when a person is confronted with a situation where they choose a course of action that breaks the law in order to avoid “suffering some evil”. Regardless of whether it is “brought about by the force of surrounding circumstances” or if the person was

  • The Murder Of Roger Ackroyd Analysis

    1292 Words  | 6 Pages

    AAgatha Christie shows why The Murder of Roger Ackroyd is the model of detective fiction novels by using several intimations in her book. There are two types of clues, ones that are helpful to the detective and ones that are useless. Hints and evidence that purposely mislead the reader are known as red herrings. Joan Acocella discusses Christie’s work and brings up her use of red herrings in The Murder of Roger Ackroyd, commenting, “...that is, when the occurrence is trivial but nonetheless mentioned—this

  • Objective Recklessness In Criminal Law

    1521 Words  | 7 Pages

    Recklessness, indeed is a term used to condemn the actions of a person who is the cause of an undesirable circumstance. It features as one of four possible mental states that may constitute the mens rea of a crime. To be reckless, a person is involved with ‘’the taking of an unreasonable risk of which the risk taker is aware.’’ However, it is important to note that the risk ‘’does not have to be foreseen as highly likely to occur.’’ Recklessness, a term that is commonly featured within the criminal

  • Defence Of Consent In Criminal Law

    1993 Words  | 8 Pages

    In criminal law when a criminal act is alleged to have been committed, the essential requirement for the crime is that the victim was opposed to the crime. One of the available defences when a criminal act is committed is that the victim actually gave consent to the acts . The defence of consent is available to certain case that result in bodily harm which includes assault and battery. For instance, in sports there is a physical contact. Participants are deemed to have consented to the physical

  • Durkheim Crime Theory

    891 Words  | 4 Pages

    Crime is defined as an action which evokes dissent and constitutes an offence in society. Crime can take a number of forms which have been conceptualized by a number of sociologists. The purpose of this essay is to analyze the function of crime regarding its contribution towards social stability. The French Sociologist, Emile Durkheim, was the first to comprehensively establish a relation between social functionalism, crime and deviance. (Emile Durkheim - functional explanation) He put forward his

  • Direct Intention In Mens Rea

    1312 Words  | 6 Pages

    The mens rea is the mental element of an offence. It refers to the mental state of the accused in terms of the offence. If no mens rea is present the accused cannot be convicted with the exception of absolute or strict liability. In order for a person to be guilty of a specific crime it is expected that the defendant has the necessary mens rea.(4) ‘Intention means the conscious objective or purpose of the accused.’(1) Intention is not the same as motive or desire to achieve a particular result.

  • The Importance Of Legal Judgement In A Criminal Trial

    754 Words  | 4 Pages

    In a criminal trial, the accused is presumed innocent until proven guilty. The accused is a person who is charged with a criminal offence. A charge is a formal statement saying that a person is accused of a crime. The charge against the accused is filed by the prosecutor. A prosecutor is a legal official who begins a legal proceeding against the accused. The prosecutor indeed has the responsibility to prove the case against the accused. The accused did not have to prove anything to show that he

  • Principle Of Mens Re The Aspects Of A Criminal Investigation

    2067 Words  | 9 Pages

    intent and the act must both occur in tandem in order to constitute a crime (Ashworth and Campbell 1991). This paper focuses on the principle of mens rea together with actus reus and their effects with regard to determination of criminal cases. There are two main elements that constitute a crime and these include mens rea and actus Reus. Mens rea Mens rea is a term that is used to describe the mental intention or the defendant’s mental state in the course of committing the offense and is also referred

  • Elements Of Criminal Crime

    1671 Words  | 7 Pages

    GENERAL ELEMENTS OF THE TERRORIST CRIME Liability for serious offences requires proof that the accused was blameworthy in doing what they did. It is because of it is an important ethical principle underpinning the criminal law that the state has the moral authority to punish its citizens only if they deserve it. Terrorism defined under Article 1 of Anti-terrorism law as: “ Every criminal act committed by an individual, or an organized group that targeted an individual, or a group of individuals

  • Corporate Criminal Liability: The Possibility Of Criminal Responsibility

    1596 Words  | 7 Pages

    complained of is defined as an offence, and the punishment is stated. Crimes can be divided into two categories and the essential elements of an actus reus depend on which of these two species of crime one is dealing with. First, there are crimes known as conduct crimes where the external elements required are the prohibited conduct itself. Thus the actus reus of the offence of reckless driving is simply driving a motor vehicle on the road’ no harm, no consequence of that reckless driving need be established