Actus Reus & Mens Rea Questions
1. Should ‘fault’ or ‘blameworthiness’ be an essential element in criminal liability? Why? What are the varieties of fault that may be found in Anglo-Welsh criminal law? What is the difference between them?
2. Clarkson and Keating state “There is no agreement in English law as to the meaning of the word ‘intention'”. Is this correct? How has intention been interpreted and applied by the courts?
3. Tony, a married man, has been dating his mistress Chantal, but refuses to leave his wife, Wendy. Chantal is becoming tired and decides she will take action. One evening, when Tony is away, she goes to Wendy’s house and puts burning newspapers though the letterbox knowing that Wendy and her child, Caroline, are sleeping upstairs. Chantal hopes that her actions will scare Wendy into leaving. Unfortunately, the house burns to the ground and Wendy and Caroline are killed.
