Actus reus

Actus reus

1. It is the physical element a crime composes of

2. Means the guilty act

3. Each crime has its own actus reus

   • E.g for a section 20 the actus reus is to unlawfully wound or cause GBH

4. The actus reus comprises of..

   • conduct by act or omission
   • a result from the conduct
   • And/or surrounding circumstances
   • The act could also be a state of affairs which requires a result

5. A state of affairs means

   • being in a situation which has be declared to be wrong
     • E.g being drunk in a car even though you have no intent to drive it

6. A result .....

   • is a consequence of an act or omission

7. The surrounding circumstances

   • Are illustrated under the theft act
     • The property must "belong to another"
       • Here there has to be surrounding circumstances otherwise it is not theft

8. The act has to voluntary on the defendant

   • This means "your mind is in control of your actions"
     • E.g in quick
     • E.g in Hill v Baxter
       • A spontaneous reflex action happened due to the swarm of bees causing the car to loose control

9. There is one situation in which an involuntary act is a crime

   • In Winzar
     • The man was found drunk on a public highway