CJS 211 Lecture Notes - Lecture 6: Actus Reus, Mens Rea, Bubble Car
8 Dec 2020
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Issues: charged with copulating or attempting to copulate with dead woman, charged under s. 167(b) of ccc, improperly or indecently interferes with or offers an indignity to a dead human body. Both were inebriated, girl died while they were going at it. Charged for doing indignity to dead body. Accused was drunk, as was the victim (initially) Trial judge denied defence claim of not guilty because he did not know the woman was dead at the time. What does the argument amount to? there is no mens rea. On principle, accused can argue that he was not aware she was dead, and therefore. An intention to commit a crime, although not the precise crime charged then he was raping her. Will provide necessary mens rea, because an accused person cannot say he was acting innocently (can"t defend an offence with another offence. Committing one offence allows conviction for the other)
