Actus Reus
Activity
Actus Reus - Revision Quiz - Answers
To prove any crime you must show both the actus reus and the mens rea. What do these Latin
phrases mean?
Guilty Act and Guilty Mind
There is an exception to this rule - for a small group of crimes known as strict liability offences
where there is no need to prove mens rea.
Every crime, whether defined or statute or common law will contain the required actus reus and
mens rea for that crime. These must be proved beyond all reasonable doubt to a magistrate
or jury to get a conviction. You are presumed innocent until proven guilty (Woolmington v DPP
1935).
Conduct must be voluntary
When could your action be ‘involuntary’? When attacked by a swarm of bees (Hill v Baxter) or
when sleepwalking.
There are four types of crime – depending on their actus reus . For each example below state the
type of crime:
1. Where the actus reus is defined in terms of prohibited consequences irrespective of how these
are brought about e.g. murder Result Crimes
2. To do with the prohibited behaviour regardless of its consequences e.g. driving whilst
disqualified. Conduct Crimes.
3. Offences that do not require mens rea in relation to all parts of the actus reus. This means
that a defendant can be convicted even if he was unaware of essential matter relevant to the
offence. e.g. selling a lottery ticket to children under 16 Strict Liability Offences (although
these are really a mens rea issue)
4. Where you have a duty to act but don’t. Crimes of Omission.
R v Larsonneur 1933
The defendant, a French woman, was a French national whose passport status prevented her
from working in the UK. She was forced to leave England so she went to Eire, where she was
later deported back to England. On arrival back in England she was re-arrested, charged and
found guilty of being in England, contrary to the Aliens Act 1920, She was forced to return to
England by the Irish police and therefore had no intention to be present in the UK.
Which of the four types of crime is this case an example of? Explain your answer and state your
opinion concerning the women’s liability. Strict Liability. The Aliens Act 1920 is an offence
deemed by statute to be one of strict liability. This decision seems extremely unfair as she
was forced to return to England by the Irish police and therefore had no intention to be
present in the UK. Mens rea should be present in this case.
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