Actus Reus/Mens Reus
• Actus Reus and Mens Rea
• Ar & Mr + Causation = Liability (subject to defense)
• The basic rule of criminal liability - Actus non facit reum, nisi mens sit rea
- An act is not necessarily a guilty act unless it is accompanied by a guilty
mind.
• 3rd element - absence of any defense. Defense - something which
exculpates an accused because of his blamelessness
‘In law context is everything’ – Lord Steyn in R (Daly) v Home Secretary
[2001] 2 AC 532, 548
What is actus reus?
• The actus reus may be vague (i.e., “harm”).
• Other times, it can be very specific (i.e., “appropriation”).
Criminal offence, Actus reus (physical act) required, Additional consequence:
Murder - Stab, shoot, etc - Death
Battery - Touch, push, etc – N/A
Actual bodily harm - Punch, bruise, cut, etc – N/A
Theft - Appropriation of property belonging to another – Permanently
deprive victim.
Examples:
• There should be a link between the actus reus and the outcome (i.e., the
stab wound must cause the death).
• However, not every actus reus has an outcome.
• Sometimes it is simply enough to perform the actus reus of a crime
without there being an outcome.
• Actus Reus and Mens Rea
• Ar & Mr + Causation = Liability (subject to defense)
• The basic rule of criminal liability - Actus non facit reum, nisi mens sit rea
- An act is not necessarily a guilty act unless it is accompanied by a guilty
mind.
• 3rd element - absence of any defense. Defense - something which
exculpates an accused because of his blamelessness
‘In law context is everything’ – Lord Steyn in R (Daly) v Home Secretary
[2001] 2 AC 532, 548
What is actus reus?
• The actus reus may be vague (i.e., “harm”).
• Other times, it can be very specific (i.e., “appropriation”).
Criminal offence, Actus reus (physical act) required, Additional consequence:
Murder - Stab, shoot, etc - Death
Battery - Touch, push, etc – N/A
Actual bodily harm - Punch, bruise, cut, etc – N/A
Theft - Appropriation of property belonging to another – Permanently
deprive victim.
Examples:
• There should be a link between the actus reus and the outcome (i.e., the
stab wound must cause the death).
• However, not every actus reus has an outcome.
• Sometimes it is simply enough to perform the actus reus of a crime
without there being an outcome.
