actus reus
- Thread starter Zephyrio
- Start date
- Status
ccc123
Member
Re: Anyone want to form a study group?
An act or omission that breaches criminal law. Must be voluntary.Zephyrio said:
fantabulous
New Member
- Joined
- Jul 28, 2007
- Messages
- 28
- Gender
- Male
- HSC
- 2007
Re: Anyone want to form a study group?
Why does actus reus have to be voluntary? *confused* I learnt when I did it that it was a guilty mind?? I think you are confused, cc123. You are going to do medicar if you cant define the elements correctly
Why does actus reus have to be voluntary? *confused* I learnt when I did it that it was a guilty mind?? I think you are confused, cc123. You are going to do medicar if you cant define the elements correctly
Last edited:
ccc123
Member
Re: Anyone want to form a study group?
Anyway, I think you're the one confused. Mens rea literally traslates to guilty mind, and can be constituted by recklessness, negilgence or intent. Actus reus, conversely is a separate thing altogether and refers to the act or omission that breaks criminal law, and it has to be voluntary, or you could use the defense of automatism.
Anyone correct me if I'm wrong, but I'm 99.99999% sure thats right.
Lol.fantabulous said:
Anyway, I think you're the one confused. Mens rea literally traslates to guilty mind, and can be constituted by recklessness, negilgence or intent. Actus reus, conversely is a separate thing altogether and refers to the act or omission that breaks criminal law, and it has to be voluntary, or you could use the defense of automatism.
Anyone correct me if I'm wrong, but I'm 99.99999% sure thats right.
fantabulous
New Member
- Joined
- Jul 28, 2007
- Messages
- 28
- Gender
- Male
- HSC
- 2007
Re: Anyone want to form a study group?
ccc123 and Zephyro, you are both wrong.
Actus reus = guilty mind.
ccc123 and Zephyro, you are both wrong.
Actus reus = guilty mind.
SoulSearcher
Active Member
- Joined
- Oct 13, 2005
- Messages
- 6,757
- Gender
- Male
- HSC
- 2007
Re: Anyone want to form a study group?
Umm, no.fantabulous said:
fantabulous
New Member
- Joined
- Jul 28, 2007
- Messages
- 28
- Gender
- Male
- HSC
- 2007
Re: Anyone want to form a study group?
Why lol? You guyz are confused and not listening! You've got actus reus and mens rea mixed up, and it will cost you in exams, coz its pretty fundamental to the crime topic.Zephyrio said:
Re: Anyone want to form a study group?
actus reus
Latin for a "guilty act." The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).
From: http://www.nolo.com/definition.cfm/Term/3EF5434F-5887-41B4-B8EBC792155E3DA7/alpha/A/
=)
actus reus
Latin for a "guilty act." The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).
From: http://www.nolo.com/definition.cfm/Term/3EF5434F-5887-41B4-B8EBC792155E3DA7/alpha/A/
=)
Muz4PM
Member
- Joined
- Oct 25, 2007
- Messages
- 623
- Gender
- Male
- HSC
- 2008
Re: Anyone want to form a study group?
‘Mens rea’ is the common law test of criminal liability, it translate to mean ‘guilty mind.’ It is the intension to commit a criminal act.
‘Actus reus’ is the latin term for ‘guilty act’. It is the act in combination with the mental state to commit an offence.
An example of which is the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, mens rea.)
I believe that is the correct answer.
‘Mens rea’ is the common law test of criminal liability, it translate to mean ‘guilty mind.’ It is the intension to commit a criminal act.
‘Actus reus’ is the latin term for ‘guilty act’. It is the act in combination with the mental state to commit an offence.
An example of which is the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, mens rea.)
I believe that is the correct answer.
Kujah
Moderator
- Joined
- Oct 15, 2006
- Messages
- 4,736
- Gender
- Undisclosed
- HSC
- N/A
Re: Anyone want to form a study group?
On the contrary,fantabulous said:
http://en.wikipedia.org/wiki/Actus_reus
www.nolo.com/definition.cfm/Term/3EF5434F-5887-41B4-B8EBC792155E3DA7/alpha/A/
www.legal-dictionary.org/legal-dictionary-a/Actus-Reus.asp
http://cgwiki.comicgenesis.com/index.php/Comic:Actus_Reus
http://dictionary.reference.com/browse/actus reus
fantabulous
New Member
- Joined
- Jul 28, 2007
- Messages
- 28
- Gender
- Male
- HSC
- 2007
Re: Anyone want to form a study group?
Well guys, I just asked my sister to clarify (shes doing law at uni), and she vindicated my opinion. So I don;t know where your pulling all this 'proof' from, but you are still wrong.
Well guys, I just asked my sister to clarify (shes doing law at uni), and she vindicated my opinion. So I don;t know where your pulling all this 'proof' from, but you are still wrong.
smackattack
Banned
- Joined
- Jan 6, 2008
- Messages
- 27
- Gender
- Male
- HSC
- 2008
Re: Anyone want to form a study group?
can't you guys see he is stirring you up?
geez
can't you guys see he is stirring you up?
geez
ccc123
Member
Re: Anyone want to form a study group?
fantabulous said:
- Status