Mens Re An Actus Reus - 1836 Words

Mens rea is a necessary element, alongside an actus reus, in order for a person to be convicted in the majority of crimes. It is required to prove the mens rea in every common law and statutory offence making it a significant part of any case which enters the courtroom. There are two common forms of mens rea; intention, wicked recklessness and negligence. Both of these forms, if proven, constitute as a sufficient mens rea to be criminally liable. Intention – The highest form of mens rea- is more than simple contemplation and is when one person purposely causes harm to another individual. The case of Cunliffe v. Goodman involved a landlord who was intending to pull down a building on the termination of the lease. At the end of the lease, the premises was in bad repair and the landlord requested action to be taken on the tenant for the damage. However, the tenant was under the impression that the building was being demolished and refused to pay for any disrepair. It was found that the tenant was ‘protected from liability to pay damages’ . Wicked recklessness – the ‘total indifference to and disregard for the safety of the public’ In the case of McDowall v. HM Advocate, a man was charged with culpable homicide for driving recklessly. The presiding judge stated that the man had ‘utter disregard for the victims and the fact that he drove with the bonnet in an upright position are factors that the jury were entitled to take into account’ when considering his state of mind atShow MoreRelatedLegal Issues And Judicial Reasoning Of Every Case2540 Words   |  11 PagesMotivated Crime Ordinance.† R.A.V. clearly violated this law. Why did the Supreme Court overturn his conviction? How might the legislature have written this law differently so as to effectively punish behavior like R.A.V.’s? For this answer you should re-draft the St. Paul ordinance so that it can fulfill this purpose and explain how your draft is different from the used to prosecute R.A.V. in this case. On June 21, 1990, R.A.V. and multiple other teenagers allegedly made a cross using chair legs.Read MoreLegal Advice Case Study Essay1362 Words   |  6 Pagesloss of earnings. When deciding on any case where a criminal offence has been committed in English Law it is essential that it is conclusively proven - beyond reasonable doubt. The prosecution must firstly prove that the accused had mens rea, a guilty mind as the general rule is the offence must be voluntary. Although this was clearly an accident. The defence would look towards intention. Did Chris intentionally kick the stone with purpose to injure Dan? If heRead MoreReview for Exam 3 Essay939 Words   |  4 Pagesa pass-through entity or as a separate entity? 8. Most general partnerships pay income taxes as a separate entity or as a pass-through entity? MULTIPLE-CHOICE QUESTIONS 9. The term actus reus is often used to describe a criminal act or mind? The individual must have performed actus*reus (criminal act) with mens*rea (guilty mind). An individual can perpetrate a crime against the corporate employer (e.g., the embezzlement) or for the benefit of the corporation (e.g., pricefixing). 10. Know thatRead MoreAn Omission As A Type Of Actus Reus1891 Words   |  8 Pages1.0. An omission is classified as a type of actus reus . The actus reus is the conduct element of crime, it is actions that are deemed damaging to society. The aim of the law is that it attempts to limit this type of conduct as much as possible. An omission is a failure to act . Common law mainly edges towards the notion that there is no criminal liability for an omission . There is also no crime in, for example, not intervening when a person is assaulting another. It is not an offence to ignoreRead MoreThe Regina Knight Case1974 Words   |  8 Pagesprosecutors might be able to prove that the elements of the particular offence are present. In this criminal case both Actus reus, Mens rea as well causation was clearly shown through the behavior of Katherine Knight. Actus reus is the term referring to ‘guilty act’ meaning any voluntary actions of omissions that constitutes to a crime, it is the physical element of an offence Her Actus reus is shown through her act of stabbing him 37 times and killing him. She also chopped off his head and cooked it withRead MoreSef Gonzales Report Essay1897 Words   |  8 Pagescrime to occur, both elements of the crime, Actus Reus and mens rea must be present. Actus Reus and mens rea are legal terms used to define a crime. Both elements must be present for an accused to be found guilty of a crime (except for strict liability). Mens rea means that the person must have had a guilty mind at the time of committing the crime- that is they must have intended to commit the crime. According to this case, both elements were present. Mens rea occurred when Gonzales had planned theRead MoreBasic Functions of Law: Australia2224 Words   |  9 Pagesthe defendant must be acquitted (not guilty) and cannot ever be re-tried for the same offence (double jeopardy). Juries are used in SA to determine the guilt of the defendant. The defendant may choose to have a trial by jury or judge alone. Before a person can be convicted, two elements must be proven at a trial. These two elements are: Actus Reus: The guilty act. Prosecution must prove that the defendant committed the act. Mens Rea: The guilty mind. Prosecution must prove that the defendant intendedRead MoreLegal Implications Of A Health And Disability Commissioner Essay2292 Words   |  10 Pagesresolve the provider’s conduct and the future quality of the healthcare service (HDC, n.d.). Penalties to the provider may include written apology to the consumer and reimbursements of the consumer’s treatment fee. The provider may be told to undertake re-training to increase competency levels or review affected regions in order to prevent any future breaches of the Code (HDC, n.d.). The Commissioner may also enquire for a peer review which can be observed in the HDC case 13HDC01568 (2015), in whichRead MoreThe English Legal System1255 Words   |  6 Pagesof England and Wales, include criminal law and civil law. Criminal law which manages violations and their results and criminal acts are considered offenses against the entire of a group. The two basic components of crime are known as the â€Å"actus reus† and the â€Å"mens rea†. These two Latin terms signify guilty act (doing what is precluded) and guilty mind (the aim to carry out the wrongdoing. English civil procedure much in like manner to the civil law frameworks of other precedent-based law nat ionsRead MoreQuestions On Letters From Leeds Bradford Airport2049 Words   |  9 Pagesembeddedness as a deep structural principle of the European human rights regime. European Journal of International Law, 19(1), 2008, .pp.125-159 Memorandum To: Supervisor From: Trainee Solicitor Date: 1 May 2016 Re: Orla Fellows Further to your memorandum dated 21 April 2016 I have carried out the research requested. Summary Orla can rely on Article 10 of the European Convention on Human Rights and her Defence is strong to dissolve the case brought