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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.