Critically evaluate the mens rea of murder. Within this coursework aiming to critically evaluate the mens rea of murder, focusing on each of the impacts which relate and combine with killing or causing grievous bodily harm to a person. The main issues I will focus on are, the intention of murder, recklessness, negligence and strict liability. Mens Rea is the legal term used to describe the element of a criminal offence that relates to the defendants.
The law of Mens rea
The law of Mens rea - Law Essays
In: Other Topics. It means the guilty act. The actus reus must be a positive and voluntary act as illustrated in the case of Hill vs Baxter. In this case the judge said that driving whilst fighting off a swarm of bees would prevent the act from being voluntary, therefore preventing the actus reus from being satisfied. If the actus reus of a crime is not satisfied the defendant can never be found guilty. However there are six situations where a failure to act omission will satisfy the actus reus of a crime. These are exceptions to the rule in Hill v Baxter that the act committed must be positive.
Importance of Mens Rea in Current Criminal Law
With involuntary manslaughter divided into three types with their various elements, if the defendant justifies these elements, and the jury finds him liable to commit the offence, he is therefore guilty of manslaughter. In deciding the possible liability of each person, the actus reus and the mens rea will each have to be. A person cannot be convicted of a crime unless the key components of both guilty mind and guilty act are present. Therefore, when a criminal offense takes place, two parts of the crime must be proven. Throughout the following essay we will.