Essay The Meaning of Actus Reus and the Chain of Causation

The Meaning of Actus Reus and the Chain of Causation The term actus reus is Latin for ‘the guilty act’. It is essential in criminal law, as actus reus must be there for their to be a criminal offence. It can mean a guilty act or an omission to act. In the crime of murder, then the actus reus would be the killing of a human being. The act must be voluntary for the defendant to be guilty. For example, if the defendant acts out of reflex because of another force, it is not voluntary and the defendant cannot be found guilty. A good example can be found in the case of Hill v Baxter (1958) where a driver is being chased by a swarm of bees and driving a car in these conditions would be extremely hard so†¦show more content†¦The defendant used his girlfriend as a human shield when firing at the police. The police returned fire and shot his girlfriend and killed her. He claimed that it was the police that had killed her and not him. He was found guilty of manslaughter as the result would not have happened ‘but for’ the actions of the defendant. To break the chain of causation it would take actions of a third party intervening, the victim’s own contribution to the events or a natural and unforeseen event such as an earthquake. It is no excuse if the victim has a medical condition to that means that they are more susceptible to injuries. It is unlucky on the attacker but the actus reus is still there. Te defendant should ‘take the victim as they find them’ and this is known as the ‘thin skull rule.’ Explain in detail what is meant by the term mens rea. Discuss the different types of mens rea a defendant might have. Mens rea is Latin for ‘the guilty mind.’ For a defendant to be found guilty of a crime, it must be proven that the defendant had the guilty mind to commit the actus reus. The defendant can only be found guilty of a crime, when both the actus reus and the mens rea are present. They must be present at the same time or close together. For the defendant to have the mens rea they must have an intention to commit the crime. There are two types of intent. The first isShow MoreRelatedCriminal Law-Involuntary Manslaughter .6531 Words   |  27 Pagesnow sentenced to life imprisonment. The penalty for manslaughter is at the discretion of the judge, with s.5 of the Offences Against the Person Act providing that the maximum sentence is life imprisonment. Murder and manslaughter share a common actus reus – the unlawful killing of a human being. The distinction between the offences is complicated by the fact that there are various forms of manslaughter. Murder and ‘involuntary manslaughter’ differ in terms of the mens rea (Latin for guilty mind)orRead MoreLegal Studies8128 Words   |  33 Pagescriminal justice system †¢ the extent to which the law balances the rights of victims, offenders and society †¢ the effectiveness of legal and non-legal measures in achieving justice. Students learn about: 1.1.0 The nature of crime 1.1.1 the meaning of crime First of (any act or omission of duty resulting in harm to society that is punishable by the state. it seems quite clear but there is no clear definition of what those acts or omissions of duty are. This is due to which someone behaves in