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.
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For law students it is not, nor is it intended to constitute
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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, actors Reyes and
Mens Rea serve as cornerstones in deciphering criminal
responsibility. Over the next few episodes we
will discuss Mens Rea, which we consider to be substantially
more complex. Join us next time on the
Australian Law Students Law in Full podcast.
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