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Hello, I am looking for someone to write an article on Causal Relationship Analysis of Actus Reus and Mens Rea. It needs to be at least 2250 words.
Hello, I am looking for someone to write an article on Causal Relationship Analysis of Actus Reus and Mens Rea. It needs to be at least 2250 words. It is important to bear in mind that criminal liability would accrue if the offence is proved beyond reasonable doubt and the burden of proof vests with the prosecution. An important principle that is also laid down is that the actus reus and mens rea of the offence must coincide, however, the courts have adopted a broad approach in respect of the same. (Clarkson et al, 2010) In respect of proving an offence, the requirement is that of actus reus, mens rea and the absence of any defence (Lord Diplock in R v Miller). . There has been an important requirement that actus reus and mens rea need to coincide, however it is pertinent to mention that the said requirement has been interpreted broadly. (Fagan v. Commissioner of Police). A situation where it was found that the actus reus and mens rea had coincided was that the conduct of the defendant created a situation of danger (R v. Miller). . (Oremond et al, 2011) The actus reus of an offence is usually satisfied when a positive act is committed. There has often been the requirement that the act that has been committed must be voluntary, as was defined by Lord Denning that ‘No act is punishable if it is done involuntarily, and an involuntary act in this context...means an act which is done by the muscles without any control by the mind such as spasm, a reflex action or a convulsion.