LawIn4: Actus Reus

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.