Mens rea and Actus reus

Mind Map by B_Candice, updated more than 1 year ago
Created by B_Candice over 6 years ago


Mind Map on Mens rea and Actus reus, created by B_Candice on 05/16/2015.

Resource summary

Mens rea and Actus reus
  1. Actus Reus
    1. Guilty act
      1. Must be voluntary
        1. Involuntary: insanity or automatism
        2. Action/Conduct
          1. The act itself, no consequences
            1. Perjury - Theft - Making off without payment - Rape - Possession of drugs or a firearm
          2. State of affairs
            1. Circumstances (sometimes consequences)
              1. consists of 'being' rather than 'doing'
            2. Omission
              1. The general rule regarding omissions is that there is no liability for a failure to act.
                1. Exceptions
                  1. Statutory duty
                    1. Contractual duty
                      1. Duty imposed by law
                        1. Creating a dangerous situation and failing to put it right
                          1. R v Miller1982
                          2. Assumption of responsibility
                            1. Misconduct in a public office
                        2. Murder and manslaughter can be committed as an omission, but assault cannot
                          1. Omission or act?
                            1. Continuing acts
                              1. Fagan v MPC 1969
                        3. Result
                          1. The conduct itself may not be criminal, but the result of the conduct may be.
                            1. Assault - Battery - ABH - Wounding and GBH - Murder & Manslaughter - Criminal damage
                        4. Guilty mind
                          1. Subjective
                            1. defendant's perspective - What was he thinking
                            2. Objective
                              1. What a reasonable person would have thought
                              2. When is not required is strict liability
                                1. intention
                                  1. Having a good motive does not prevent from intention
                                    1. Direct intent
                                      1. Consequence is desired
                                      2. Oblique intent
                                        1. Consequence is not desired, but known
                                          1. oblique intent it would be concerned only with whether the defendant did foresee the degree of probability of the result occurring from his actions
                                      3. recklessness
                                        1. R v G and another
                                          1. Recklessness always require a subjective test
                                        2. negligence
                                          1. Negligence is determinated according to an objective test
                                            1. gross negligence manslaughter
                                              1. R v Adomako [1994]
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