Actus Reus & Mens Rea Questions
1. Find and identify criminal offences that;
a. have a conduct actus reus
b. have a consequence actus reus
c. have a circumstance actus reus
2. Arthur gives a lethal dose of poison to Bernard in a cup of tea. Bernard starts to feel ill and goes to A&E. The junior doctor who treats him has been on duty for twenty-four hours and is exhausted. He assumes that Bernard simply has a stomach upset, and without carrying out a proper examination or tests, reprimands Bernard for wasting his time and sends him home to bed. Bernard was showing obvious signs of being poisoned but these were missed by the doctor. He dies due to the effects of the poison as he is walking home shortly after being discharged. Consider Arthur’s criminal liability.
3. Before the session, read all of the cases listed below and be prepared to give a 5 minute presentation explaining the case to the class. The seminar group will be divided into small groups and each group will asked to present on ONE of the cases.
You should cover the following points:
1. With what was the defendant charged?
2. Why was it necessary to show the defendant had a duty to act?
3. Is there an argument in favour of there being a duty?
4. Is there an argument against there being a duty?
5. What did the court conclude?
6. Do you think the decision was correct?
