Actus Reus

------------------------------------------------- INTRODUCTION The general basis for courtly liability in  implike law is that the suspect moldiness be proved to haven committed a abominable act whilst having had a wrong state of mind. The physical elements are collectively called the actus reus and the accompanied accessible state is called the mens rea. It is the fundamental tariff of the prosecution to prove some(prenominal) of these elements of the law-breaking to the satisfaction of the judge or jury beyond clean doubt. In the absence of such test copy the defendant leave alone be acquitted. ------------------------------------------------- ACTUS REUS An actus reus consists of more than besides an act. It also consists of any(prenominal) circumstances and backwashs are recognised for liability for the discourtesy in question - in an new(prenominal)(prenominal) words all the elements of an offensive activity other than the mental element. Crimes tooshie be divided into both categories: * First, there are bearing crimes where the actus reus is the disallow conduct itself. For example, the actus reus of the law-breaking of dangerous driving is just now driving a automatically propelled vehicle on a road or other public place (s2 avenue Traffic Act 1988). No harm or consequence of that dangerous driving sine qua non be established.

* The second  eccentric person are known as result crimes where the actus reus of the law-breaking requires proof that the conduct caused a tabu result or consequence. For example, the actus reus of the offence of criminal damage is that airscrew belonging to a nonher mustiness be destroyed or damaged (s1(1) Criminal pervert Act 1971). ------------------------------------------------- THE ACTUS REUS MUST BE VOLUNTARY The accuseds conduct must be voluntary or freely willed if he is to incur liability. It whitethorn be involuntary for a variety of reasons: ------------------------------------------------- AUTOMATISM Automatism occurs where the defendant performs a physical act provided is unconscious of what he is doing, or is not in go of...If you sine qua non to get a to the full essay, order it on our website: Ordercustompaper.com

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