Actus reus

actus reus meaning

Actus reus is a Latin term used in law, which translates to "guilty act." In criminal law, actus reus refers to the physical act or behavior that constitutes the crime. In other words, this is the external element of a crime that is required to prove that a defendant has committed an offense. For instance, if a person is accused of committing theft, the actus reus would be the actual taking of property belonging to another without their consent. To sum up, actus reus is an essential part of criminal law and is necessary to determine whether a person can be held responsible for his or her actions under the law.

actus reus of Criminal theft

in R v Hinks [2000] 4 All ER 833 the defendant befriended a 53-year-old male with average intellect. Everyday, she accompanied him to his building society, where he withdrew the daily limit of £300. He gave her this money after being influenced, convinced, or compelled by her. In the end, he paid her £60,000. She was charged with theft. The actus reus was the appropriation which is a neutral act and the state of mind of the donor is irrelevant to appropriation.

actus reus the concept

Actus reus is a fundamental concept in criminal law, referring to the physical element or conduct that constitutes a crime. The term 'actus reus' originates from Latin, meaning "guilty act". The concept has its roots in early English common law, which served as the basis for modern criminal law in many western countries. Prior to its development, criminal liability was based solely on the offender's intent or mental state, without regard to whether a wrongful act had been committed. It was not until later in history that the idea of actus reus emerged, recognizing that individuals should be held accountable for their actions as well as their intentions. The doctrine of actus reus has evolved over time, influenced by changes in societal norms, legal systems, and the development of scientific knowledge. It remains a cornerstone of criminal law and forms an essential component of criminal prosecution today.

Law books

Law Tutor is the industry leader in legal education for all law courses. Use Law Tutor's law books for the LLB degree, PGDL and other legal courses. Law Tutor is a former university law lecturer and barrister.