Explain what is meant by the terms ‘Mens Rea’ and ‘Actus Reus’. Use Authority to support your answers

Have a little read: ... Explain what is meant by the terms 'Mens Rea' and 'Actus Reus'. Use Authority to support your answers The Actus Reus is the physical element of the crime - the wrongful act of prohibited action or failure to act (omission). The act or omission must be voluntary; D who has some control over his/her physical actions carries that out. The existence of the Actus Reus is essential for criminal liability. If there is no actual Actus Reus- or physical doing of the crime then there is no crime there at all. The Actus Reus in section 18 of the Offences Against the Person Act (OAPA) is where the D unlawfully and maliciously wounds another or causes Grievous Bodily Harm (GBH) by any means whatsoever. There is also a voluntary nature of the act or omission. D's act must have occurred because of a conscious exercise of will on D's part i.e. the actions must be voluntary in the sense that D's behaviours is as a result of a Physical action over which there is some control as opposed to a reflex action over which D as no control. If D's actions are involuntary then D may be able to plead the defence of automatism/non insane automatism. If successfully pleases this is a complete defence but in reality it is of limited application. An omission- most crimes result from positive conduct and providing the act is voluntarily undertaken then there would appear to be no difficulty in establishing fault on D's part. Normally a person will not be found to be criminally liable because he has failed to act. However there are exceptions to this rule where the law has decided that a person should be criminally liable for failing to act. For example in the Road Traffic Act 1988 it makes it an offence to 1. Fail to provide a sample of breath. 2) Supply certain information. Where there is a contractual duty to act a person's contract may lay down a specific duty to act e.g. a lifeguard is employed to saves lives and would be failing to act in his duty if he observed someone drowning and didn't do anything to help. Also where there is a contractual duty imposed by law. The judges have imposed a duty to act in certain circumstances. These are where the person is guilty of misconduct in a public office. In Dytham 1979