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actus reus (1 Viewer)

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Zephyrio

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Re: Anyone want to form a study group?

Oh my god, year ten commerce. Quick, what is actus reus?
 

fantabulous

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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
 
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Zephyrio

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Re: Anyone want to form a study group?

I'm quite sure that guilty mind = mens rea.
 

ccc123

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Re: Anyone want to form a study group?

fantabulous said:
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
Lol.

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

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Re: Anyone want to form a study group?

ccc123 and Zephyro, you are both wrong.

Actus reus = guilty mind.
 

fantabulous

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Zephyrio said:
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.
 

Kujah

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Re: Anyone want to form a study group?

The actus reus — sometimes called the external element of a crime — is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, i.e., the "guilty mind", produces criminal liability in common law-based criminal law jurisdictions Canada, Australia, New Zealand, England, Scotland and the United States. In the United States, some crimes also require proof of an attendant circumstance.
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.
.
 

Zephyrio

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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/

=)
 

Muz4PM

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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.
 

Kujah

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Re: Anyone want to form a study group?

fantabulous said:
Actus reus = guilty mind.
On the contrary,

The actus reus — sometimes called the external element of a crime — is the Latin term for the "guilty act"
http://en.wikipedia.org/wiki/Actus_reus

The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime
www.nolo.com/definition.cfm/Term/3EF5434F-5887-41B4-B8EBC792155E3DA7/alpha/A/

Actus Reus. A "wrongful deed," "guilty act" or "deed of crime."
www.legal-dictionary.org/legal-dictionary-a/Actus-Reus.asp

"Actus Reus" literally means "the guilty act" in Latin
http://cgwiki.comicgenesis.com/index.php/Comic:Actus_Reus

the wrongful act that makes up the physical action of a crime
http://dictionary.reference.com/browse/actus reus
 

Kujah

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Re: Anyone want to form a study group?

You mean Google does my research ;)
 

fantabulous

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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.
 

Kujah

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fantabulous said:
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.
lol.
 

risole91

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Re: Anyone want to form a study group?

fantabulous said:
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.

haha.
wikipedia, speaks only truth!
 

smackattack

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Re: Anyone want to form a study group?

can't you guys see he is stirring you up?

geez
 

Muz4PM

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Re: Anyone want to form a study group?

Lol
 

ccc123

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Re: Anyone want to form a study group?

fantabulous said:
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.
fantabulous said:
 
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