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Hi, welcome to the Australian 
Law Student Law in Four podcast 

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Your go to podcast for legal 
insights in 4 minutes or less. 

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I'm Nick Hodgkinson and today 
we're talking about Actus Reyes.

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But first our obligatory 
disclaimer. 

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The Law in Four podcast is 
produced by law students. 

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For law students it is not, nor 
is it intended to constitute 

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legal advice. 
If you require legal assistance 

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you should contact your local 
Law Society who can direct you 

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appropriately. 
For more information on the 

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Australian law student visit our
website at the ozlawstudent.com 

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OK Modern criminal 
responsibility is divided into 

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two realms, Actus Reyes and Mens
Rea. 

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The division reflects the 
age-old separation of mind and 

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body, echoing Descartes famous 
expression. 

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I think therefore I am in the 
criminal justice system. 

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The traditional focuses often 
lean towards Mens Rea, 

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determining the state of mind at
the time of an offence. 

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Actus Reyes is often elusive and
sometimes controversial. 

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It's best defined as everything 
that Mens Rea is not. 

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It encompasses the conduct 
prohibited by criminal law 

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involving acts, omissions, and 
may include references to 

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consequences or circumstances. 
Different offences have varied 

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actus Reyes requirements and are
specified in the legislation or 

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determined by common law. 
Notably, criminal liability is 

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typically tied to positive acts 
and not omissions, with legal 

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duties establishing the 
boundaries. 

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In some instances, the defendant
may be charged based on a 

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situation rather than a specific
act, and we refer to these as 

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situational offences. 
Mental elements can also be part

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of the ACT, as Reyes, 
exemplified by offences like 

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psychic assault, where the 
victim's state of mind is 

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central. 
Voluntariness is a crucial 

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element requiring that the 
defendant's conduct be conscious

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and willful. 
The traditional view, 

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exemplified in the Crown against
Falconer, emphasizes A conscious

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choice irrespective of 
understanding the consequences. 

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Australian legislation further 
outlines the requirement the 

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conduct must be voluntary, 
excluding certain circumstances 

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like spasm, convulsion, acts 
during sleep, or intoxication. 

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When involuntariness is claimed,
the defendant bears the 

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evidential burden to support 
that claim. 

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The prosecution is entitled to 
presume that some acts are 

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voluntary and once the 
evidential burden is satisfied, 

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the prosecution must prove 
beyond a reasonable doubt that 

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the acts were voluntary. 
So in closing, actors Reyes and 

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Mens Rea serve as cornerstones 
in deciphering criminal 

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responsibility. 
Over the next few episodes we 

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will discuss Mens Rea, which we 
consider to be substantially 

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more complex. 
Join us next time on the 

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Australian Law Students Law in 
Full podcast. 

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As always, if you have any 
suggestions, please e-mail us at

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team at the Oslo student.com or 
leave a comment in your review 

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on Spotify or Apple Podcasts.