Actus Reus

• What is the first element that must be proven before a defendant can be found guilty of a criminal offence?


  Actus Reus
• What does Actus Reus mean in Latin?


  'Guilty Act'
• What is the physical element of a crime referred to as?

  Actus Reus
• What must be true about the act for it to constitute Actus Reus?

  The act must have been voluntary on the defendant’s free will
• What happens if the defendant has no control over their actions?

  They will not be found guilty of the offence
• What is the exception to the rule of voluntary action in Actus Reus?

  State of Affairs
• According to Bratty, what is an involuntary action?


  An action done by the muscle without control of the mind
• What are the different ways Actus Reus can be committed?

  • Conduct Crimes
  • Consequence / Result Crimes
  • State of Affairs
  • Omissions
• What are Conduct Crimes?


  Crimes where the conduct itself is illegal, e.g., Rape
• What are Result Crimes?


  Crimes that require a particular result, e.g., Murder
• What characterizes State of Affairs crimes?

  They involve 'being' in an illegal situation rather than 'doing' something
• What does Absolute Liability mean?

  No mens rea is required, and there is no need to prove that the actus reus was voluntary
• What is a good example of a State of Affairs crime?

  Winzar v CC of Kent where the defendant was drunk so they put him on the highway in order to arrest him for a crime
• In Hill v Baxter the judges gave examples of where a driver would not be acting voluntarily, for example if they were stung by a swarm of bees or being hit over the top of the head with a stone.
• Other examples of involuntary acts include if the defendant hits another person due to a muscle spasm or reflex action, or even when a person pushes someone causing them to bump into a third person.