Actus reus

Guilty state of mind - 3 states

• Intention (direct and indirect)

• Recklessness

• Negligence (gross for manslaughter)

Guilty act or omission (fail to act), Causation (legal and factual), omissions

Mens rea is not required as to one or more elements of the actus reus

• Standard of proof is beyond reasonable doubt
• Burden of proof is on the prosecution as they have to prove beyond reasonable doubt but rare exceptions where BOP is on the defence

physical elements of the crime -

• conduct
• consequences
• circumstances

• D put potassium cyanide into his mother’s bed time drink and he intended to kill her
• she was found dead the next morning sitting on her sofa with the drink untouched beside her
• She died of a heart attack but even if she drank the drink it wasn’t enough to kill her
• D was convicted of attempted murder