Mens rea and actus reus

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Mens rea and actus reus
2012-05-16 19:32:54
criminal law

mens rea and actus reus cases flashcards
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  1. Fagan v Metropolitan Police Commissioner
    • actus reus and mens rea have to coincide
    • concept of continuing act ("omission" actually a positive, continuous act)

    case of driving on the policeman's foot

    same as R v Kaitamaki
  2. R v Kaitamaki

    (also in Sexual Offences cases)
    AR and MR have to coincide

    • rape case
    • penetration was a continnuing act
    • when D realized his V did not consent (MR element) the actus reus was still in progress

    same as Fagan v MPC
  3. R v Thabo Meli
    series of act= one transaction

    • beat him up, thought he was dead and threw him off a cliff
    • not separate acts, but a single transaction
    • MR and AR coincided for the purposes of law

    same as R v Church
  4. R v Church
    (also in involuntary manslaughter cases)
    • thought he had killed V and threw her body into the river
    • "series of acts"

    same as R v Thabo Meli
  5. R v Lebrum
    assault and eventual act causing death were part of the same continuous act= manslaughter

    • same as R v Kaitamaki
    • Fagan v MPC
  6. R v G and R

    mens rea= can be recklessness: taking a known risk of causing the damage, must intend or foresee the consequences

    a defendant must be shown to have subjectively appreciated a risk to the health or property of another but carried on in any event before they may be said to be criminally culpable

    abolished "objective recklessness" test in R v Caldwell

    • doli incapax= conclusive presumption that a child under 10 cannot be criminally responsible
    • old common law rule= till age 14, applied here
  7. R v JTB
    section 34 of Crime and Disorder Act 1988= abolished the presumption of doli incapax for children betweenn 10 and 14

    child found guilty