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How far do you agree that there must be a coincidence of actus reus and mens rea in order to establish criminal liability?
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How far do you agree that there must be a coincidence of actus reus and mens rea in order to establish criminal liability? I will begin by defining criminal liability and the need for actus reus and mens rea which will then lead into a definition of each of these. I will illustrate how actus reus is needed for criminal liability. I will then give examples of mens rea under certain crimes, including the four types of mens rea and the difficulty in proving the above. I will go on to explain the general rule of how one must accompany the other and return in more detail to the difficulty of proving mens rea due to burden of proof and presumption of innocence giving appropriate case examples. I will follow by illustrating, with relevant cases, how mens rea can be proved and what the mens rea of most crimes are, including...
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