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Is the element of actus reus present? How? Does the defendant’s act reveal mens rea? Why/why not?Does Dick have any liability?
Anonymous3 views2 answers
Shelley(defendant)is charged with murdering her husband Toby. She states that she had not formerly thought of killing him but was compelled to do so under certain circumstances. She filed for divorce against him and they were staying separately for the past 2 months. On the day of the occurrence, she visited him to discuss certain matters with a view to settle the case mutually, but they broke into a fight. Toby started abusing Shelley, accusing her of having illicit relationships with other men.Enraged by accusations,Shelley picked up a kitchen knife & grappled with her husband for about 10 mins before she stabbed him. The entire incident was witnessed by her husband’s friend Dick, who made no attempt to stop her. Dick informed the police after the incident. Does Dick have any liability?
Where Dick made no attempt to stop her, but only informed the police after the incident, Dick may face some accomplice liability. Humans engage in conduct, or as you put it - actus reus, which translates into English as a 'guilty act' - by either doing that which they ought not to do, but also by not doing that which they ought to do. You've asked a hypothetical question based on limited facts and so this is a hypothetical, theoretical answer which might or might not stand up to additional facts.
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Dick has no liability in Texas. He had no duty to stop the incident from occurring. If he had picked up something and whacked Shelley, then he would have had a lawful defense of a third person situation but he was under no obligation. (He is not required by law to put himself in harm's way to help Toby because Toby is an an adult and not under Dick's care. Had Toby been a child and under Dick's care, then the answer might - probably would - be different.)
