Actus Reus and Mens Rea
Actus Reus:
Latin for ‘guilty act’
Actus reus elements –
Conduct – (verbs) something the accused must do
Circumstances – describe something that must exist at the time of the accused’s conduct
OR [circumstances] can relate to the status of something
Consequences – describe results that must be caused by the accused’s conduct (not every
offence has a ‘consequences’ element)
The actus reus must be done by a voluntary act/a positive act, ‘the requirement that the act
of the accused should be a voluntary act is essential – Bratty v Attorney-General of Northern
Ireland
Omissions:
The actus reus can be done by omission if D was under a duty to act but failed to act, the
crime in question must be a result crime
When is D under a duty to act:
Duty arising out of contractual obligation – Pittwood
Parents owe a duty to their children – Gibbins and Proctor
Spouses owe a duty to each other – Hood
Assumed care for someone – Stone and Dobinson
D created the dangerous situation – Miller
Mens Rea:
Latin for ‘guilty mind’
Mental state of the accused (at the time of the conduct)
Strict liability offences don’t require mens rea
Actus Reus:
Latin for ‘guilty act’
Actus reus elements –
Conduct – (verbs) something the accused must do
Circumstances – describe something that must exist at the time of the accused’s conduct
OR [circumstances] can relate to the status of something
Consequences – describe results that must be caused by the accused’s conduct (not every
offence has a ‘consequences’ element)
The actus reus must be done by a voluntary act/a positive act, ‘the requirement that the act
of the accused should be a voluntary act is essential – Bratty v Attorney-General of Northern
Ireland
Omissions:
The actus reus can be done by omission if D was under a duty to act but failed to act, the
crime in question must be a result crime
When is D under a duty to act:
Duty arising out of contractual obligation – Pittwood
Parents owe a duty to their children – Gibbins and Proctor
Spouses owe a duty to each other – Hood
Assumed care for someone – Stone and Dobinson
D created the dangerous situation – Miller
Mens Rea:
Latin for ‘guilty mind’
Mental state of the accused (at the time of the conduct)
Strict liability offences don’t require mens rea
