Regina v [2001] NSWSC 1011 (8 november 2001)
The elements of the offence.
In order for a trial to be brought, the police and prosecutors might be able to prove that the elements of the particular offence are present. In this criminal case both Actus reus, Mens rea as well causation was clearly shown through the behavior of Katherine Knight.
Actus reus is the term referring to ‘guilty act’ meaning any voluntary actions of omissions that constitutes to a crime, it is the physical element of an offence Her Actus reus is shown through her act of stabbing him 37 times and killing him. She also chopped off his head and cooked it with vegetables and skinned majority of his body. It is certain to say her act was intentional, malicious and evil.
Mens rea refers to ‘guilty mind’ and is defined as the state of mind requiring constituting a particular crime which is the mental element of an offence. It is clear that the murder was pre-meditated. Her mens rea is shown more clearly by the comments made by the prisoner to other persons indicating intention, comments made by Mr. price to others which indicated his fears for his life, comments of a similar kind made by the prisoner to Mr Price in the presence of others and the conduct of the prisoner in the days leading up to the murder. She threatened Mr. Price and said “You’ll never get me out of this house. I am going to kill pricey and I am going to get away with it, I’ll get away with it cause I’ll make out, I’m mad. The causation of the incidence was clear. She wanted to kill him and she performed actus reus and his life ended on her hands.
Factors that might have led to the criminal behavior.
There are a few factors that may account to the behavior of Knight. It includes psychological factors, social factors, and self interest.
Knight is said to have been diagnosed with the borderline personality disorder and to have suffered from a post traumatic stress disorder. Her
Bibliography: Case: Regina v Knight [2001] NSWCS 1011 (8 November 2001) Last updated: 29 January Decision: Imprisonment for life. Case: Knight V R [2006] NSWCCA 292 (11 September 2006)