Mens Rea And Actus Reus Of A Crime - UK Essays.
Mens rea can be transferred from an intended victim to an unforeseen victim but only if the actus reus committed is the same as the actus reus intended. In the case of R. v Latimer (1886) 17 Q.B.D. 359 the defendant intended to strike a man in front of him and hit a woman standing next to him by accident.
This result is the same as that which results from a lack of actus reus because, as noted above, both mens rea and actus reus are elements of the crime that must be proven beyond a reasonable doubt, and if they cannot be proven the defendant will be exonerated of the charged crime. The insanity defense, in contrast, can excuse a defendant from punishment but does not exonerate him or her.
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An overview of the law relating to the offence of actual bodily harm under s.47 of the Offences Against the Person Act 1861. Considers all elements of the actus reus and mens rea of the offence with links to case summaries and law reports.
Actus Reus: a wrongful deed; Mens Rea: a guilty mind; Actus Reus can be a physical act (hitting someone), a failure to act (watching someone being hit), or a state of being (having stolen property in your possession). It must be shown that a person committed an act prohibited by law.
Mens rea therefore includes fixing liability where D consciously and advertently carried out the actus reus and also where D did not, but should have, foreseen the result. That said, the absence of mens rea does not automatically lead to an acquittal if the offence is strict liability (chapter 4).
For this assignment, examine the concepts of mens rea and actus reus as outlined in Chapter 2, of the Peak (2015) text. The Louisiana murder trial of Yoshihiro Hattori illustrated both actus reus and mens rea quite vividly. Read the following news articles detailing the 1992 Halloween killing of exchange student Yoshihiro Hattori: Jury Acquits Man Who Shot Japanese Youth: Crime: Panel.