Tuesday, 15 October 2019
3. Actus reus
Actus reus + Mens reus + No defence
Actus reus = Conduct + Circumstances + results
Omission - definitionally possible. Most offences ca be committed by omission
1. What is the actus reus of (a) assault (b) section 20 Offences Against the Person Act 1861
(c) attempted rape?
A) The victim must apprehend of immediate harm (expectation) ; Immediate ; Unlawful is a
circumstance ; Personal violence
B) 'whoever shall unlawfully and maliciously (mens reua) wound or inflict any grievous
bodily harm (result) upon any person, either with or without any weapon or instrument
shall be guilty of an offence, and being convicted thereof shall be liable to imprisonment
for a term not exceeding 5 years'.
C) The essence of the crime of attempt in legal terms is that the defendant has failed to
commit the actus reus (the Latin term for the "guilty act") of the full offence, but has the
direct and specific intent to commit that full offence. The normal rule for establishing
criminal liability is to prove an actus reus accompanied by a mens rea ("guilty mind") at
the relevant time. Traditional criminal offences which require no element of intent (mens
rea) include statutory rape and felony murder. Penetration would be acres reus.
Circumstances are lack of consent. So long as there are more than mere preparation
2. During the course of a party Adam sees Eve apparently asleep on a sofa. He kisses her
although he believes that she would not consent if conscious. In fact, Eve was not asleep, had
seen Adam’s approach, and had anticipated that Adam might kiss her which was indeed her
desire. Has Adam assaulted Eve? Has he committed any other offence?
- conduct crime because there is no result crime.
- Lack of consent - circumstances
- But not every requirement for the actus reus is met. So he cannot be liable.
- She doesn’t have to express it for it to be a crime.
3. Jack leaves a party with Jill, his lover and Adam's wife. Adam sees them go and follows
them in his car. Jack notices Adam following and increases speed as he goes round a very
1
3. Actus reus
Actus reus + Mens reus + No defence
Actus reus = Conduct + Circumstances + results
Omission - definitionally possible. Most offences ca be committed by omission
1. What is the actus reus of (a) assault (b) section 20 Offences Against the Person Act 1861
(c) attempted rape?
A) The victim must apprehend of immediate harm (expectation) ; Immediate ; Unlawful is a
circumstance ; Personal violence
B) 'whoever shall unlawfully and maliciously (mens reua) wound or inflict any grievous
bodily harm (result) upon any person, either with or without any weapon or instrument
shall be guilty of an offence, and being convicted thereof shall be liable to imprisonment
for a term not exceeding 5 years'.
C) The essence of the crime of attempt in legal terms is that the defendant has failed to
commit the actus reus (the Latin term for the "guilty act") of the full offence, but has the
direct and specific intent to commit that full offence. The normal rule for establishing
criminal liability is to prove an actus reus accompanied by a mens rea ("guilty mind") at
the relevant time. Traditional criminal offences which require no element of intent (mens
rea) include statutory rape and felony murder. Penetration would be acres reus.
Circumstances are lack of consent. So long as there are more than mere preparation
2. During the course of a party Adam sees Eve apparently asleep on a sofa. He kisses her
although he believes that she would not consent if conscious. In fact, Eve was not asleep, had
seen Adam’s approach, and had anticipated that Adam might kiss her which was indeed her
desire. Has Adam assaulted Eve? Has he committed any other offence?
- conduct crime because there is no result crime.
- Lack of consent - circumstances
- But not every requirement for the actus reus is met. So he cannot be liable.
- She doesn’t have to express it for it to be a crime.
3. Jack leaves a party with Jill, his lover and Adam's wife. Adam sees them go and follows
them in his car. Jack notices Adam following and increases speed as he goes round a very
1
