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Murder is the unlawful killing of a person under the queens peace with malice aforethought. All criminal offences (except those of strict liability and absolute liability) consist of two elements, the mens rea and the actus reus
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Murder is the unlawful killing of a person under the queens peace with malice aforethought. All criminal offences (except those of strict liability and absolute liability) consist of two elements, the mens rea and the actus reus. These phrases come from a Latin maxim 'Actus non facit reum nisi mens sit rea', which means that an act does not create guilt unless the mind is also guilty. The mens rea is the mental element of a crime and is the state of mind of the Defendant when he committed the crime. This could be the intention to carry out an act or recklessness of the act. The actus reus means guilty act, causation is the link between what the defendant did and the death of the victim. If there is no link there is no liability. Causation is split into two sections, factual causation and legal causation. The chain of causation means that the...
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