Construction of a Criminal Offence
1. What is meant by the phrase: “Actus non facit reum, nisi mens sit rea”?
2. Find and identify the actus reus and mens rea elements of the following offences:
a. Murder
b. S.1 Criminal Attempts Act 1981
c. s.3 Sexual Offences Act 2003
3. What is meant by the term ‘causation’? When is causation relevant in criminal offences? How are principles of causation applied in the criminal law?
4. “Though law and morality are not the same, and many things may be immoral which are not necessarily illegal, yet the absolute divorce of law from morality would be of fatal consequence” per Lord Coleridge, R v Dudley and Stephens .
Critically analyse the above quote, with specific reference to the issues raised in the case of Dudley and Stephens.
5. Explain what is meant by these 3 types of criminal offence:
a. Summary offences
b. Either way offences
c. Indictable only offences