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It
is customary to separate crime into actus reus and mens rea. |
Actus reus is the
prohibited conduct, omission, consequence or state-of-affairs;
Any fault element, such as intent or recklessness, in respect of it is the
mens rea (state of mind).
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Actus reus is the external manifestation of the offence. |
Actus reus is
the guilty conduct. The actus
reus
includes all the elements in the definition of the crime except the
accused's mental element.
The mental element
is the mens rea, the guilty mind.
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Cardinal principle. |
Actus reus is a part of the cardinal
principle of criminal law that conduct does not make a person legally
guilty unless it is accompanied by a blameworthy state of mind.
"actus non facit reum, nisi mens sit
rea"
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Actus non facit reum nisi mens sit rea. |
This expression is derived from Coke's brocard
in his Institutes, Part III (1797 ed.), c.1 fo.10: "et actus non facit
reum, nisi mens sit rea"
"No act is punishable unless it is performed with a criminal mind."
The requirement of
‘fault’ is called mens rea, it is required in all crimes except in strict liability offences.
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Actus reus is found
in the definition of the offence. |
Always refer to the definition of the
particular offence in order to ascertain its actus reus.
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