Actus Reus

------------------------------------------------- INTRODUCTION The general basis for magisterial liability in  sinful law is that the suspect essential be proved to halt committed a culpable act whilst having had a bloodguilty state of mind. The physical elements be collectively called the actus reus and the accompanied kind state is called the mens rea. It is the fundamental commerce of the prosecution to prove some(prenominal) of these elements of the annoyance to the satisfaction of the judge or jury beyond logical doubt. In the absence of much(prenominal) induction the defendant volition be acquitted. ------------------------------------------------- ACTUS REUS An actus reus consists of more than skilful an act. It also consists of any(prenominal) circumstances and cores are recognised for liability for the crudeness in question - in an early(a)(prenominal) words all the elements of an offensive activity other than the mental element. Crimes quarter be divided into ii categories: * First, there are bearing crimes where the actus reus is the disallow conduct itself. For example, the actus reus of the offensive of dangerous driving is manifestly driving a automatically propelled vehicle on a road or other public place (s2 pathway Traffic Act 1988). No harm or consequence of that dangerous driving mass be established.

* The second  emblem are known as result crimes where the actus reus of the offence requires proof that the conduct caused a taboo result or consequence. For example, the actus reus of the offence of criminal damage is that property belonging to another moldiness be destroyed or damaged (s1(1) Criminal scathe 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 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 motivation to get a just essay, order it on our website: Ordercustompaper.com

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