Actus Reus

------------------------------------------------- INTRODUCTION The general basis for imposing liability in  sinful law is that the suspect must be canvas to harbor committed a nefarious act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the go with cordial state is called the mens rea. It is the funda intellectual duty of the prosecution to prove some(prenominal) of these elements of the offense to the satisfaction of the judge or jury beyond reasonable doubt. In the absence of such proof the defendant will be acquitted. ------------------------------------------------- ACTUS REUS An actus reus consists of more than just an act. It also consists of any(prenominal) raft and consequences are recognised for liability for the rudeness in point - in some other(prenominal) words all the elements of an offence other than the mental element. Crimes can be divided into two categories: * First, there ar e channel crimes where the actus reus is the disallow conduct itself. For example, the actus reus of the offence of dangerous capricious is simply driving a mechanically propelled vehicle on a road or other public smear (s2 Road Traffic Act 1988). No harm or consequence of that dangerous driving fate be established.

* The  import type are known as result crimes where the actus reus of the offence requires proof that the conduct caused a prohibited result or consequence. For example, the actus reus of the offence of criminal damage is that airscrew belonging to another must be destroyed or damaged (s1(1) felon Damage Act 1971). -------------------! ------------------------------ THE ACTUS REUS MUST BE VOLUNTARY The accuseds conduct must be voluntary or freely willed if he is to incur liability. It may be involuntary for a strain of reasons: ------------------------------------------------- AUTOMATISM Automatism occurs where the defendant performs a physical act provided is unaware of what he is doing, or is not in go of...If you want to aim a full essay, order it on our website: BestEssayCheap.com

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