Actus Reus

Actus Reus

Introduction

The Criminal Law of England and Wales "means the portion of the law of England and Wales, which deals with the components and consequences of criminal acts. The English criminal law is in large part not regulated by law, but in the tradition of common law judge-made law. The offense consists in the English law of Actus Reus and mens rea together.

Actus Reus is the Latin term meaning the act of guilt (the outer or objective of a criminal offense). This is an essential element in the determination of a crime. Thus, when no reasonable doubt exists as a result of the demonstration of proof, the act of guilt, shown together with the intention of the individual to commit a crime (mens rea), creates criminal liability of the accused in criminal jurisdictions that follow the system of common law (Canada, Australia, New Zealand, USA, UK, Ireland).

Discussion and Analysis

Actus Reus literally means conduct of a person. The phrase is used to refer to the element of an offense that involves prohibited conduct. The Actus Reus is one of two elements that make up criminal offenses. The second element is called mens rea or mental state. No crime may legally exist without an Actus Reus, while some regulatory crimes, called strict liability offenses, may exist without a mens rea. Examples of the Actus Reus element of a capital offense would be causing death, causing death while committing another crime, causing the death of a police officer, and causing death by using a bomb. In each of the examples, the mental state of the defendant is not relevant to Actus Reus. The mental state is relevant for the second element, i.e., the mens rea.

General Perception

The Actus Reus requirement is met if a defendant purpose...

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