Law Homework- Half Term Homework

Question 1

a)  Actus Reus is a Latin term given that represents the ‘guilty act’, when proved before reasonable doubt.  In order for an Actus Reus to be committed there has to have been an act. Various common law jurisdictions define the act differently but generally, an act is a "bodily movement whether voluntary or involuntary”.

Actus Reus is found in a voluntary deliberate act for someone has to commit a crime and be found liable for it.  However it must be proven that the person committed both the Actus Reus and the Mens Rea. The Actus Reus must be a voluntary or deliberate act. The act can also be found as involuntary this would include things like closing your eyes whilst sneezing or any reflex actions, or being physically made be a stronger person.  One case study and example of Actus Reus is Hill v Baxter (1958) in this case study the court gave examples of a driver not driving voluntarily, and the victim was hit over the head with a stone, or being stung by a swarm of bees.

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b) The general meaning of Mens Rea is based on the term ‘guilty mind’ Mens Rea is not the same as motive. Motive only gives an indication of what Mens Rea might have been but most of it is irrelevant.  Mens rea falls under intention there are two types of intention direct intention and oblique intention. Direct intention is a person is guilty of a crime if they intend to commit it and then go ahead and do it. Direct intention is the decision to bring about criminal consequences or not.  Oblique intention is where the defendants aim is ...

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