Help structure BTEC law level 3 on actus reus, mens rea and causation

    • Thread Starter

    I have got to write down the actus reus, mens rae and causation of three different scenarios but i have no idea how to start it off and how to move onto them. Please help

    In relation to D doing ____, I believe they will be charged with ___. (Insert details of the offence - definition, where it's found, what type of offence, maximum sentence).

    The actus reus is the physical element of the crime. Here, the actus reus of ____ is _____ (say the AR parts of the definition). Here the D has (explain what they did which fits the offence). In order for the D to be guilty of the crime, they must be the factual and legal cause and no intervening acts which break the chain of causation. The chain of causation is the link between the D's actions and the prohibited consequences. Factual cause is proven using the But For test (Pagett/White). Here, but for the D doing ____ the V wouldn't have ____. Legal cause is proven by the de minimus rule - the D must be an operating cause but need not be the only or main cause (Smith). Here the D is an operating cause as _______. Included in legal cause, is the Thin Skull Rule - this is when the V has a medical/physical problem that makes their injury worse. In this case, the D is liable for the worsened injury (Blaue). Here the thin skull rule applies/does not apply as _______. Intervening acts may break the chain of causation, and these can be one of four things. It can be the act of a third party (Pagett), the victim's own act (Dear, Roberts, Williams), a natural but unforeseeable event (e.g. tsunami), or grossly negligent medical care (Smith, Jordan, Cheshire). Here, there are no intervening acts to break the chain of causation/_______ may break the chain of causation as ___________. Remember, if the potential intervening act is grossly negligent medical care, the courts are reluctant to shift the blame onto doctors and so it is unlikely this would be the case, unless the doctor's medical care is what caused the death and not the prior injury as in Jordan.

    The mens rea is the mental element of the crime. Here, the mens rea of ____ is ______. Mens rea has two levels, as it can be either intention or recklessness. Intention is the highest level of mens rea and can be split into direct and indirect. Direct is where the D intends what happened (Mohan). Indirect is where the D's aim, want and desire is something else but by acheieivng this, the actual crime is a virtual certainity and the D has foresight of this (Woollin). Recklessness is the lower level of mens rea. It is where the D takes an unjustifiable risk and is aware of the risk when he takes it (Cunningham). Here, the D has _____ as ______.

    Therefore, prima facie, the actus reus and mens rea are both clearly satsified.

    I think that's all you'll need to include, just adapt it to each scenario
    • Thread Starter

    Thank you so much
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Updated: October 2, 2016
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