Transcript
Hi, welcome to the Australian
Law Student Law in Four podcast
Your go to podcast for legal
insights in 4 minutes or less.
I'm Nick Hodgkinson and today
we're talking about Actus Reyes.
But first our obligatory
disclaimer.
The Law in Four podcast is
produced by law students.
For law students it is not, nor
is it intended to constitute
legal advice.
If you require legal assistance
you should contact your local
Law Society who can direct you
appropriately.
For more information on the
Australian law student visit our
website at the ozlawstudent.com
OK Modern criminal
responsibility is divided into
two realms, Actus Reyes and Mens
Rea.
The division reflects the
age-old separation of mind and
body, echoing Descartes famous
expression.
I think therefore I am in the
criminal justice system.
The traditional focuses often
lean towards Mens Rea,
determining the state of mind at
the time of an offence.
Actus Reyes is often elusive and
sometimes controversial.
It's best defined as everything
that Mens Rea is not.
It encompasses the conduct
prohibited by criminal law
involving acts, omissions, and
may include references to
consequences or circumstances.
Different offences have varied
actus Reyes requirements and are
specified in the legislation or
determined by common law.
Notably, criminal liability is
typically tied to positive acts
and not omissions, with legal
duties establishing the
boundaries.
In some instances, the defendant
may be charged based on a
situation rather than a specific
act, and we refer to these as
situational offences.
Mental elements can also be part
of the ACT, as Reyes,
exemplified by offences like
psychic assault, where the
victim's state of mind is
central.
Voluntariness is a crucial
element requiring that the
defendant's conduct be conscious
and willful.
The traditional view,
exemplified in the Crown against
Falconer, emphasizes A conscious
choice irrespective of
understanding the consequences.
Australian legislation further
outlines the requirement the
conduct must be voluntary,
excluding certain circumstances
like spasm, convulsion, acts
during sleep or intoxication.
When involuntariness is claimed,
the defendant bears the
evidential burden to support
that claim.
The prosecution is entitled to
presume that some acts are
voluntary, and once the
evidential burden is satisfied,
the prosecution must prove
beyond a reasonable doubt that
the acts were voluntary.
So in closing, Actus Reyes and
Mens Reyes serve as cornerstones
in deciphering criminal
responsibility.
Over the next few episodes we
will discuss Mens Reya, which we
consider to be substantially
more complex.
Join us next time on the
Australian Law Students Law in
Four podcast.
As always, if you have any
suggestions, please e-mail us at
team at the Oslo student.com or
leave a comment in your review
on Spotify or Apple Podcasts.