Essays Tagged: "Mens rea"
Community Policing
s defined by law, a crime includes both the act, or actus rea, and the intent to commit the act, or mens rea. Criminal intent involves an intellectual apprehension of factual elements of the act or ac ...
Subjects: Social Science Essays > Society and community
Law- General Defences- Examining all the possible defences for some one charged with murder- Actus Reus and Mens Rea
to drive through drink or drugs when in charge of a motor vehicle on a road).The second element is 'Mens Rea' which means guilty mind. This means the state of mind that the prosecution must prove a de ... st prove a defendant to have had at the time of committing a crime in order to secure a conviction. Mens rea varies from crime to crime; it is either defined in the statute creating the crime or estab ...
Subjects: Law & Government Essays > Law
What improvements, if any, will there be to the present law on consent and on mistaken belief in consent in rape cases as a result of the Sexual Offences Bill 2003?
of a serious criminal offence unless two elements are present: the actus reus or guilty act and the mens rea or guilty mind. The prosecution has to prove that the accused has committed the crime charg ... crime unless his mind is also guilty.? The actus reus of rape is sexual intercourse without consent.Mens reas is defined as the state of mind expressly or impliedly required by the definition of the o ...
Subjects: Law & Government Essays > Law
Criminal Assignment.
self. This act had caused her to suffer actual bodily harm. The defendant argued that he lacked the Mens Rea of the offence, because he had neither intended to cause her actual bodily harm, nor seen a ... actual bodily harm as a result of his advances. This argument was rejected, the court held that the mens rea for battery was sufficient in itself, and there was no need for any extra mens rea regardin ...
Subjects: Law & Government Essays
Criminal Intention
and conclusions as to the importance of Woollin on this concept.From 1961 the HL has considered the mens rea or the mental element necessary for murder, notably in DPP v Smith ; Hyam , Moloney ; and H ... rtual certainty, is not intention in a legal sense nor the equivalent of it". "The HL held that the mens rea for murder was an intention to kill or do serious bodily harm, and that foresight of death ...
Subjects: Law & Government Essays > Law
How has the law developed on intention?
How has the law developed on intention?Mens Rea:One of the major elements in culpability is that the accused should have a mental state com ... accused should have a mental state commensurate with committing the offence. This state is known as mens rea, which can be translated as "guilty mind" or "blameworthy mind". Nearly all criminal offenc ... ted as "guilty mind" or "blameworthy mind". Nearly all criminal offences require a demonstration of mens rea. However, it is unusual to see the term mens rea used in statute; instead statutes use term ...
Subjects: Law & Government Essays > Law
Corpus Delecti
ake up corpus delicti. The two main elements that will be discussed are actus reus (guilty act) and mens rea (guilty mind). These elements must be proven for corpus delicti to be present.The guilty ac ... on definition must be reached before a verdict can be reached.The next element of corpus delicti is mens rea or the guilty mind. Doli capax means capable of understanding. This means that the person c ...
Subjects: Law & Government Essays
Chapter 5 in Law text book.
easonable doubt that the accused committed the actus reas elements of the offence with the required mens rea.The Defense- must at least convince one juror that the Crown has not proven beyond a reason ...
Subjects: Law & Government Essays
The Offence of Theft under the 1968 Theft Act should have been straightforward. Unfortunately, the courts have interpreted it to become illogical and confusing. Discuss
) giving rise to tension between the extremes.--------------------------------------10. M. Waslik, "Mens Rea, Motive and the Problem of 'Dishonesty' in the Law of Theft" CLR (1979) p543 at 545-711. J. ... entators" CLR (1968) p63812. Criminal Law Review Committee Cmnd 2977 para 20, 39, 8813. M. Wasik , "Mens Rea, Motive and the Problem of 'Dishonesty' in the Law of Theft" CLR (1979) p543 at 551-214. R ...
Subjects: Law & Government Essays > Law
Suggestions on reform of the law of rape in South Australia
o prove beyond reasonable doubt. In South Australia, the current law requires the finding of fault (mens rea) on the part of the accused. Consequently, it has been argued among commentators that it is ... t has been argued among commentators that it is very difficult, if not impossible, to establish the mens rea requirement. Also, controversies arise in the process of finding mens rea.In the face of th ...
Subjects: Law & Government Essays
Recklessness.
Recklessness is a form of mens rea that amounts to less than intention but more than negligence. Originally the courts have gi ... fore these could not be equally blameworthy as described by Lord Diplock. Another reason is that of mens rea, which suggests it, is quite the contrary as there is an absence in the state of mind. Ther ... did not see the outcome as just. It was felt that the case should have been based on the merits of mens rea without hiding behind a distorted view of the doctrine of precedent.On the appeal of R v Co ...
Subjects: Law & Government Essays > Law > Cases
Intention and the search for definition: A marriage of doctrinal inconsistency and incoherent desires.
The paradigmatic status of intention as the locus classicus exposition of mens rea, has been subjected to continued criticism, primarily because of the insistence of orthodox ... wever, compared to the evolution of the term intention, "recklessness" as a specific concept within mens rea, is a beacon of definitional precision!It is important to note at this juncture that there ... r, in analysing the conscious decision of the courts to accord intention paradigm status within the mens rea doctrine, and thereby seek to either define, or at least consider its meaning, it is pruden ...
Subjects: Law & Government Essays > Law > Cases
Strict and absolute liability
s developed as the 'sensible half-way house' between absolute liability and the requirement of full mens rea, and the defence of honest and reasonable mistake of fact has been applied to negative the ... Kaw Teh , Gibbs CJ cited Sherras v De Rutzen where the principle relating to absolute liability and mens rea was stated. As the court in that case held, there is a presumption that mens rea is an esse ...
Subjects: Law & Government Essays
Criminal law
ambiguity due to difficult policy issues. Henceforth, the definition of intention with relations to mens rea would be discussed, and the major judgments which were disagreeing would be argued to consi ... her it would lead to inconsistent decisions as a consequence.To begin with, the literal meaning of 'mens rea' is the Latin for 'guilty mind', which is somewhat misleading in nature. By tradition, it i ...
Subjects: Law & Government Essays > Law
Intention in Criminal Cases
r, is whether or not Chris and Dorris intended to kill Andrew. Intention can often be linked to the Mens Rea, which can also be described as the guilty mind. Most crimes have to have included a Mens R ... bed as the guilty mind. Most crimes have to have included a Mens Rea and an Actus Reus. Without the Mens Rea there is no crime unless a reasonable man could foresee the outcome. Therefore Chris could ...
Subjects: Law & Government Essays > Law
The death of Gloria
fore we can see that Fred and Louis have fulfilled the actus reas element for murder, to fulfil the mens rea it must be proved they had the malice aforethought, which has come to mean either an intent ... do not need to be malicious, deliberate euthanasia prompted by motives of compassion satisfies the mens rea requirement just as well as the shooting of a hated person. Also premeditation is not a nec ...
Subjects: Law & Government Essays > Law > Cases
Identify and evaluate the roles of the Prosecution and Defense in a criminal trial. Identify & discuss the sentencing powers, available to a Judge in a specific criminal case.
uding limitations, available to a Judge in a specific criminal case. For the purpose of this paper, mens reus and mens rea will have been established and a guilty verdict delivered for a singular murd ...
Subjects: Law & Government Essays > Law
inchoate offences
m that would have occurred is one the law tries to prevent".. For an inchoate offence there must be Mens Rea and in some cases there must be Actus Reus also. If A after procuring a loaded gun fires at ... ugh A will be liable for punishment for attempting the offense. And also in above case there exists Mens Rea and Actus Reus but however it does not made any injury. This illustration can be categorize ...
Subjects: Law & Government Essays > Law
“Corporate criminal liability for manslaughter has finally been given statutory form and rightly so.” Discuss.
ires proof of the criminal act having been committed ("actus reus") along with mental culpability ("mens rea").� This posed a conceptually difficult task when attempting to attribute criminal l ... 65533; as it mainly applies when it is imposed by statute or for strict liability offences where no mens rea is required on the part of the employee.� Therefore, the courts had to develop a dif ...
Subjects: Law & Government Essays > Law