FREE Discuss the actus reus and mens rea Essay.
Definition. Actus reus refers to the act or omission that comprise the physical elements of a crime as required by statute. Overview Act. The actus reus includes only voluntary bodily movements, particularly one which society has an interest in preventing.
Actus reus, occasionally referred to as the objective element of a crime, is a Latin word that refers to the guilty act. It is a criminal act that results from voluntary bodily movements describing a physical activity that leads to harm to another individual or damages to property.
Homicide is an enormous aspect of criminal law which includes all the unlawful killings. The main categories of them are murder and manslaughter. All the homicide offences have a common actus reus, the unlawful killing. If the defendant has the mens rea for the murder, then the prima facie liability for the murder starts to exist.
The case of Kaitamaki v. R. can be referred to in sustaining the proposition that an actus reus entails a continuing act, and as such, in order to ensure a conviction, the accused must be proven to have the required mens rea at some period during its continuation, although it is not essential to establish that at the outset the requisite mens rea was present with the accused.
Omission - Occassionally an omission can amount to the actus reus of a crime.The general rule regarding omissions is that there is no liability for a failure to act. Eg if you see a child drowning in shallow water and you don't do anything to save that child you will not incur criminal liability for your inaction no matter how easy it may have been for you to save the child's life.
Choice and Action (Actus Reus) Essay Actus reus is the physical, observable aspect of a crime, and comprises a bodily action, threat of action, or in some cases an omission or refusal to act. To be held legally responsible for some crimes requires both an actus reus, Latin for “guilty act,” and a mens rea, Latin for “guilty mind.”.
Legal definition for ACTUS REUS: Latin meaning a prohibited act or a guilty act. A crime consists of two parts the guilty act and a required mental state (for example, intentional, negligent or recklessness.