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Mens Rea

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(a) Criminal offences are usually defined in terms of a guilty act (actus reus) and a guilty mind(mens rea). Explain, using examples, how the law deals with (i) criminal omissions; (ii) strict liability. (15 marks) To be guilty of a criminal offence you must be is possession of both actus reus and mens rea. In some cases however a person may be liable to failing to act this is known as an omission. Some Acts of Parliament create an offence of omission. For example failing to report a road traffic accident. For common law crimes an omission will only be liable for actus reus if they are under a duty to act. These duties include: * Relationship- e.g. parent/child relationship. Where parents have a duty to care for their child. R v Gibbons and Proctor 1918 where a father and his common law wife were guilty of murder when they starved their child...

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