Actus Reus and Mens Rea Questions And Verified Correct Answers Guaranteed Success.
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Course
HMNS
Institution
HMNS
What is the latin phrase? - correct answer 'actus non facit reum nisi mens sit rea' or 'an act is not criminal in the absence of a guilty mind'
What is actus reus? - correct answer The conduct or state of affairs which a p...
What is the latin phrase? - correct answer 'actus non facit reum nisi mens sit rea' or
'an act is not criminal in the absence of a guilty mind'
What is actus reus? - correct answer The conduct or state of affairs which a
particular offence prohibits
What is mens rea? - correct answer The state of mind of the defendant at the time
of conduct or during the state of affairs
- Defined in DPP v Majewski [1977]
Does the prosecution have to always prove mens rea to establish criminal liability? - correct answer
- NO
- Strict liability offences are of a regulatory and minor nature and do not require the prosecution to
prove mens rea
Explain the importance of coincidence of mens rea and acts reus? - correct answer -
The mens rea must be formed at the time of the actus reus in order to be held liable for an offence
- This is important to ensure that anyone who commits an act by accident is not convicted unfairly
(principle of mens rea) and (principle of correspondence)
What happens when the actus reus precedes the mens rea? (two approaches) - correct answer
1) The actus reus is a continuing act (Fagan)
2) Convict someone of failing to act in a dangerous situation (Miller)
What is the authority for a continuing act? - correct answer Fagan v Metropolitan
Police Commisioner (1969)
What is the legal principle in Fagan v Metropolitan Police Commissioner (1969)? - correct answer
- D stopped his car on a police officers foot accidentally but upon realising refused to move off it
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