CHECK THESE SAMPLES OF Johnny Juneau - Illustrating Actus Reus, Mens Rea and Mistake of Fact
(Clarkson et al, 2010) In respect of proving an offence, the requirement is that of actus reus, mens rea and the absence of any defence (Lord Diplock in R v Miller).... The paper "Causal Relationship Analysis of Actus Reus and mens rea " highlights that the mens rea is that of murder which has clearly not been established on the facts and thus even if such is proved then reliance can be placed on the aforementioned defences.... An important principle that is also laid down is that the actus reus and mens rea of the offence must coincide, however, the courts have adopted a broad approach in respect of the same....
9 Pages
(2250 words)
Research Paper
The concepts discussed are Actus Reus, which means a guilty act, Mens Rea, which means a guilty mind, mistake of fact and the mistake of law.... This case presents ground for heated debate on the concepts of mistake of fact and mistakes of law.... Key words:mistake of fact, Mistake of Law, Mens Rea, Actus Reus.... In the case of gas theft, the defense presents that Johnny was acting under a mistake of fact.... Johnny was acting under a mistake of fact, and good intentions....
4 Pages
(1000 words)
Essay
'It may be said that any theory of criminal punishment leads to a requirement of some kind of mens rea.... A perusal of the topic shows that it runs counter to another statement in the same text which shows the belief of the author that the concept of mens rea is an index of maturity of our legal system.... The mental element of crime may be significant for one purpose or the other but the same way that the various purposes do not conjoin with any one crime, the element of mens rea will not be relevant to all the justifications and purposes....
11 Pages
(2750 words)
Essay
The concept of mens rea started its development in the 1600s in England when judges started to say that an act alone could not create criminality unless it was adjunct with a guilty state of mind.... he concept of mens rea started its development in the 1600s in England when judges started to say that an act alone could not create criminality unless it was adjunct with a guilty state of mind.... The degree for a particular common law crime varied for mens rea....
4 Pages
(1000 words)
Essay
The main purpose of ‘mens rea' is to help the criminal justice.... This paper discusses ‘actus reus' and ‘mens rea' as depicted on the cases of homicide, murder, rape, and manslaughter.... What are some of the reasons why law requires ‘mens rea'?... Why is it difficult to prove ‘mens rea' beyond a reasonable doubt?... The actus reus is described by the first part and mens rea by the second” (Allen, 2013, 324)....
8 Pages
(2000 words)
Research Paper
This report "Principle of mens rea" focuses on the principle of mens rea together with actusreus, two main elements that constitute a crime, and their effects on the determination of criminal cases.... In the event of a criminal trial, the prosecutor is usually tasked with burden of proving actus reusand mens rea beyond doubt and tries to bar any successful defence.... mens rea, also termed as 'guilty mind' is a word that is commonly used to refer to the mental intention or the defendant's mental state in the course of committing the offense....
8 Pages
(2000 words)
Report
This report "Relationship Between Actus Reus and mens rea" examines the case when a defendant can be convicted even in the absence of a blameworthy state of mind.... The relationship between actus reus and mens rea is addressed by the correspondence principle.... mens rea is insufficient for establishing fault.... An element of mens rea is essential for treating a defendant as being liable for the outcomes of his actions.... It would be incorrect to conclude that every actus reus element necessitates a corresponding requirement of mens rea....
8 Pages
(2000 words)
Report
The study "Principles mens rea, Actus Reus" outlines examples of actions considered on offenses associated with stealing - stealing grapes, stealing peaches, reading magazines of which one has not paid for, removing a banana from a banana or a tomato stock, stealing nuts, and general contamination.... The principle of mens rea is a complex one first because it is defined differently by different courts and also consists of four types of criminal intent.... Each case is thus examined individually under this doctrine of mens rea....
7 Pages
(1750 words)
Case Study