Law- General Defences- Examining all the possible defences for some one charged with murder- Actus Reus and Mens Rea

General Defences

This is an assignment examining the general defences available to a soul who is supercharged with a fell offence. In this assignment I testament establish to elements get hold ofed to be charged with a criminal offence, and how these elements have to be present for a person to be charged with an offence. Also formulationing how the lack of these elements works as a defence to the charges of a criminal offence.

Firstly we need to look at the elements that must be present for a person to be charged with an offence. There are two elements that need to be present; the first and essential element of a iniquity that must be proved to secure a conviction. This is referred to as Actus Reus. In most cases the titleus reus will only be an act (e.g. appropriation of property is the act of theft) accompanied by specified circumstances (e.g. that the property belongs to another). Sometimes, however, it may be an neglect to act (e.g. failure to prevent death may be the actus reus of manslaughter) or it may include a specified consequent (death resulting within a year being the consequence inevitable for the actus reus of murder or manslaughter). In certain cases the actus reus may simply be a state of affairs rather than an act (e.g. being unfit to drive through drink or drugs when in charge of a motor vehicle on a road).

The second element is Mens Rea which content guilty mind. This means the state of mind that the prosecution must prove a defendant to have had at the time of committing a abomination in order to secure a conviction.



Mens rea varies from crime to crime; it is either defined in the statute creating the crime or established by precedent.

A precedent...

this is a very thorough and short essay that examines the various defenses that one may use when in a very tight position regarding the judicial system. I believe that since you dont outwardly say it, this has to do with Britians law, and maybe you should shed light on that in the beginning because someone may use it, further might get in trouble because it is irrelevent to their countrys system. All in all, considering Im not a law student, very good and make me understand the different defences one can use! :)

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