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Understanding Actus Reus in Criminal Law
Sep 5, 2024
Lecture on Actus Reus in Criminal Law
Introduction
Instructor
: Lauren from Newcastle Sixth Form College.
Topic
: Key concepts in criminal law focusing on "actus reus".
Key Elements of a Crime
:
Actus Reus
: Guilty act.
Mens Rea
: Guilty mind.
Both elements must be proven by the prosecution for a conviction.
Illustrations of Actus Reus and Mens Rea
Scenario 1
: Intention to kill a student by driving into them.
Actus Reus
: Driving the car into the student.
Mens Rea
: Intent to kill.
Scenario 2
: Bob kills his wife Susan.
Actus Reus
: Hitting her with a hammer.
Mens Rea
: Intent to kill.
These examples illustrate the marriage of actus reus and mens rea.
Types of Crimes and Actus Reus
Definition
: Actus reus is an act, omission, or state of affairs constituting the prohibited conduct.
State of Affairs Crime
Example
: A lady being an illegal immigrant — committing a crime by just being in the country illegally.
No action needed beyond existing in a particular state or location.
Conduct Crimes
Description
: Offense is complete by doing the act, no further consequence required.
Examples
:
Speeding
: Driving at 40 mph in a 30 mph zone.
Driving without Insurance
: Guilty by the act alone, no need to cause an accident.
Consequence Crimes
Description
: Requires an act and a specific consequence.
Non-Fatal Offenses
: Assault, battery, actual bodily harm (ABH), grievous bodily harm (GBH).
Example
: Battery requires unlawful application of force.
Scenario Example
:
Scenario A
: Punch leading to a bruise — battery (minor offense).
Scenario B
: Punch causing death — involuntary manslaughter (serious offense).
Causation in Actus Reus
Importance
: The act must cause the outcome (death or injury).
Causation
: A complex area covered in both criminal and civil law.
If causation cannot be established, the defendant is not guilty.
Conclusion
Understanding of actus reus and its role in criminal responsibility.
Follow-up videos will cover omissions and complexities like causation.
Next Steps
: Look out for follow-up content on mens rea and causation.
Additional Resource
: Handout on larceny case example.
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Full transcript