Actus Reus and Mens Rea The meanings and interpretations of Actus Reus and Mens Rea in the legal system. Polyphobiaa published on April 09, 2012 Stacked 1/16 What is Objective recklessness? Where a reasonable person would have foreseen the risk. If the risk was foreseen but the person went ahead anyway. 2/16 What is the sentence for a person convicted of rape? 6 months 10 years Life 3/16 'Assault is an offence is you make someone afraid' what is this referring to? Duress Causation Transfer of malice 4/16 Define direct intention. The aim and desire about the consequence. Unplanned cause but knew it was going to happen. 5/16 What is the definition of Actus Reus? Type answer. Hint: 10 characters 6/16 Define Sexual assault. Intentional penetration, of a sexual nature with part of a body or anything else. Intentionally, sexually touching a person that does not consent. 7/16 What is omission? Type answer. Hint: 18 characters 8/16 What is the definition of Mens rea? Type answer. Hint: 11 characters 9/16 Define assault by penetration. Intentional penetration, of a sexual nature with part of a body or anything else. Intentionally, sexually touching a person that does not consent. 10/16 Define indirect intention. The aim and desire about the consequence. Unplanned cause but knew it was going to happen. 11/16 Define Factual Causation 'but for' the defendants negligence, the plaintiff would not have been injured. The defendant is not liable for any injuries caused. 12/16 What is negligence? Where a person did not foresee a risk. Aim and desire about consequence. The duty of care. 13/16 What is strict liability? Crimes where mens rea is proved but where no actus reus is needed. Crimes where actus reus is proved but where no mens rea is needed. Crimes where both actus reus and mens rea is needed. 14/16 Define legal causation. B is somewhat liable for his own injuries A is only liable if he/she caused the other persons injuries. A is not liable for any injuries caused 15/16 What is subjective recklessness? Where a reasonable person would have foreseen the risk. If the risk was foreseen but the person went ahead anyway. 16/16 Name 4 of the defences for murder/manslaughter. Hint: 4 choices Insanity Negligence Provocation Diminished responsibility Alcohol/drugs Recklessness