Actus Reus: proving to show that the defendant is guilty Free Essay, Term Paper and Book Report
Law Essay
1a
In most crimes there are two elements which must be proved to show that the defendant is guilty. These two elements are known as Actus Reus come from a Latin word which literally means the “wrong act”. And is the physical element of the crime, i.e what the defendant has done or not done (omission) or state of affairs.
For some crimes the actus reus must also result in a consequence. This can be seen as assault occasioning (ABH) Actual bodily harm. Section 47 offences against the persons act 1861. There must be a consequence of ‘Actual bodily harm,’ in other words some injury to the victim. This could be just a bruise or it could be a broken nose or broken arm, it could also be psychotic injury. GBH (Grievous bodily harm) is under section 20 where the level of bodily damage varies from minor damage to serious harm. Omission alone is not enough to commit actus reus. but there have been exceptions to the rule when there is a duty of contract involved such as in the Pittwood (1902) case when the railway crossing keeper omitted to shut the gates so that a person cros......
Word Count: 1447
Page Count: 5.7 (250 words a page / double spaced)
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