This video covers a basic definition of actus reus. The latin term actus reus refers to the actual act of doing the illegal thing, with no reference to the persons mental state. The first factor is the physical conduct or act associated with the crime, which is known as. The p have to prove the d committed the physical conduct of the crime. Once you complete this lesson, you should have a thorough understanding of what constitutes actus reus. In that offence, only a conduct actus reus is present the penetration with the penis without the victims consent. The latin maxim actus non facit reum nisi mens sit rea is derived from mens rea. Actus reus is the wrongful act committed and mens rea is the state of mind behind such acts. The independence of the actus reus papers in the ssrn. An introduction to criminal liability starting with actus reus, being the guilty act element of a crime. A crime comprises an actus reus, or a criminal act or omission, and a. A video that examines the main elements of actus reus. An important comparison of mens rea and actus reus is that, while they both involve the offender, one involves the mind of the offender while the other involves the physical action or lack of.
It is therefore the conduct of the defendant that satisfies the actus reus, no particular result is necessary. Actus reus and participation in european criminal law. The final breed of actus reus is possession, a spec ial case insomuch as it has been criminalized, but under common law does not constitute an act regina v. The correct analysis must be that the legal concept of possession involves both the actus reus element of physical possession and a state of mind, the animus possidendi, which can only be a part of the requisite mens rea. This resource can be used as part of a larger unit on the criminal law, or to assist students who are having difficulty with the concept. Actus non facit reum nisi mens sit rea further explains as to how mens rea is applicable in criminal law. The concept of actus reus is the focus of this chapter. General principles1 a definition generally speaking, crimes have two components. Pdf on oct 29, 2012, courtney klein and others published guilty act, guilty mind. A drunk driver who kills another is often charged with criminal negligent homicide. Corrado develops an elaborate hypothetical in which a drivers not moving. Section 793 provides that parts of the body that are surgically constructed fall with the remit of the act. In determining whether a person committed a crime, there are two issues to consider. The first two elements contain the actus reus of the offence, the second two the mens rea.
From a strictly theoretical viewpoint, this cannot be correct. Specific intent and general intent are other terms used to describe a persons. The actus reus and mens rea of a crime is to be found embedded in its. The actus reus of murder is the causing of death of a person. Action or conduct which is a constituent element of a. There are a number of activities and delivery formats to be tailored to the learning style of students. Actus non facit reum nisi mens sit rea legal maxim law. Mens rea and actus reus are difficult concepts to grasp. Striking miners threw a concrete block from a bridge onto a road, where it killed a taxi driver.
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