Criminal Law Actus Reus

Question 1

Actus reus definition

Answer 1

• outlines the (objective) conduct made criminal by some statutory offence or other valid source of criminal law
• it is mostly fulfilled if a person has committed an instance of the type of conduct described in it
• At a normative level the core function of the notion of actus reus is to establish a link between the person and the occurred criminal harm
• If such a connection can be established, criminal liability can be imposed and the person will be deemed to be the perpetrator of the occurred harm

Question 2

Actus reus of an offence- objective elements

Answer 2

I. conduct = element of crime
II. circumstances = makes the act wrongful
III. consequences e.g murder = death of another

can but don’t need to consist of all three elements

Question 3

Actus reus: Criminal conduct

Answer 3

Traditionally: a willed bodily movement
Excluded: thoughts, feelings, desires, ideologies
Furthermore: All conduct not controlled by will e.g reflexes, spasm, sleepwalking