The basic issue surrounds whether the law has been broken. We have been told Mary has been charged with theft under s 1 of the Theft Act. We are to assume that the three statements provided containing all of the information in this scenario have been produced just for us to read and work on. For the purposes of this exercise we will assume that these statements were produced in ways not calling into doubt their admissibility or credibility. This means therefore that we only have to concentrate on their probative value. (What do they prove?) The seven point approach of Twining and Miers will be used. 1 Standpoint: the standpoint of the Chart is that of the author of this book demonstrating the Wigmore Chart Method for the purposes of demonstrating the method and argument construction. 2 Stages 2, 3 and 4: relate to setting up the propositions and then key listing and charting. The impossibility of approaching each task in an isolated way is immediately perceived as we are going to work from statements. We have to find out the facts before we can draft the UP, PP, and interim probanda. Task: so that you can appreciate the levels of analysis go back to the statements and highlight the key words and phrases that begin to allow you to break into them and locate the story, and the law. Then try to give answers to the following questions: (1) What are the relevant facts? (2) What key phrases in the statements give you clues as to the application of the law? (3) Can you construct the deductive argument for the prosecution? (4) Can you construct the inductive argument for the prosecution? (5) Can you construct the opposing inductive argument for the defence? (6) Are there any conditions of doubt in your mind surrounding the wording of s1(1) of the Theft Act which may apply? (For example questions surrounding the presence of both mens rea and actus reus.) DO NOT PROCEED UNTIL YOU HAVE ANSWERED QUESTIONS (1)–(6).

2012 ◽  
pp. 253-254
Keyword(s):  
Key Words ◽  
Levels Of Analysis ◽  
Mens Rea ◽  
Key Words And Phrases ◽  
Deductive Argument ◽  
Inductive Argument ◽  
Probative Value ◽  
Actus Reus ◽  
The Law ◽  
Key Phrases

2. Actus reus

2021 ◽  
pp. 39-84
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law ◽  
Type Question

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. These external elements do not simply relate to D’s conduct. Rather, as we will see, the actus reus of an offence includes any offence elements outside of the fault element (‘mens rea’) of the offence. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.

2. Actus reus

2021 ◽  
pp. 34-78
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Mens Rea ◽  
Actus Reus ◽  
The Law ◽  
State Of Affairs

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter explains the concept of actus reus. It discusses the elements of crime, defining an actus reus, proving an actus reus, that conduct must be voluntary, state of affairs offences, omissions liability (situations in which a person will be liable for failing to act), causation (including the principles of factual and legal causation), and coincidence in time of actus reus and mens rea. ‘The law in context’ feature analyses critically English law’s approach to liability for causing another person’s suicide.

4. Interaction of actus reus and mens rea

2019 ◽  
pp. 127-145
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Correspondence Principle ◽  
Criminal Liability ◽  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law

This chapter focuses on the interaction between actus reus and mens rea in proving criminal liability. It first considers how actus reus and mens rea relate to one another within the structure of an offence before discussing the issues that also emerge when applying offence requirements to a set of facts. As an example, it explains how every element (conduct, circumstance, and result) of an offence includes an actus reus requirement and a corresponding mens rea requirement. It also examines the correspondence principle and the doctrine of transferred malice, along with the coincidence principle. Finally, it outlines potential options for legal reform and a structure for analysing the actus reus and mens rea of an offence when applying the law in problem-type questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

2. Actus reus

2019 ◽  
pp. 37-81
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Legal Reform ◽  
Mens Rea ◽  
Problem Type ◽  
Actus Reus ◽  
The Law ◽  
The Mind ◽  
Type Question

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. An actus reus is not simply about the movements of the accused, that is, her conduct. Rather, it includes any offence requirement that is external from the mind of the accused: anything that is not mens rea. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.

2. Actus reus

Criminal Law ◽  
2017 ◽  
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Mens Rea ◽  
Actus Reus ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter explains the concept of actus reus. It discusses the elements of crime; defining an actus reus; proving an actus reus; that conduct must be voluntary; omissions; causation; and coincidence of actus reus and mens rea.

Criminal Law Concentrate

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Sexual Offences ◽  
Essential Information ◽  
Actus Reus ◽  
Recent Developments ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Criminal Law Concentrate covers fundamental principles of this area of law and helps the reader to succeed in exams. Topics covered include the basis of criminal liability, actus reus, mens rea, and strict liability. The chapters also examine offences such as non-fatal offences, sexual offences, homicide, inchoate offences, theft, and fraud. Defences are also examined in the final two chapters. This edition has been updated to include: recent developments in the law and new cases such as Jogee, Conroy, Golds, Ivey, and Joyce; more detail on sexual offences; more revision tips and tables to improve learning; and an ‘Exam essentials’ feature.

Criminal Law Concentrate

2020 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Strict Liability ◽  
Mens Rea ◽  
Sexual Offences ◽  
Essential Information ◽  
Actus Reus ◽  
Recent Developments ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Criminal Law Concentrate covers fundamental principles of this area of law and helps the reader to succeed in exams. Topics covered include the basis of criminal liability, actus reus, mens rea, and strict liability. The chapters also examine offences such as non-fatal offences, sexual offences, homicide, inchoate offences, theft, and fraud. Defences are also examined in the final two chapters. This edition has been updated to include: recent developments in the law and new cases such as Jogee, Conroy, Golds, Ivey, and Joyce; more detail on sexual offences; more revision tips and tables to improve learning; and an ‘Exam essentials’ feature.

7. Sexual Offences

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Mens Rea ◽  
Sexual Offences ◽  
Sexual Crimes ◽  
Actus Reus ◽  
The Law ◽  
Perpetrators And Victims

This chapter considers the offences of rape and sexual assault. It begins with a discussion of the law on sexual offences covering the perpetrators and victims of rape; assault by penetration; causing sexual activity without consent; sexual offences designed to protect children; offences against those with a mental disorder; prostitution and trafficking; and incest. The second part of the chapter focuses on the theory of sexual offences and sexual crimes; statistics on rape; the nature of rape; consent and sexual activity; the mens rea for rape; and the actus reus of rape.

Criminal Law

2019 ◽  
Author(s):  
Michael Allen ◽  
Ian Edwards
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Case Law ◽  
Mens Rea ◽  
Sexual Offences ◽  
The Past ◽  
Actus Reus ◽  
The Subject ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 28 years. This is the fifteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

through the premises. The conclusion is logically compelled and cannot be attacked. The major premise, however, may be targeted for argument. The major premise of the deductive syllogism that has been considered in this chapter (see Figure 7.12, above) was expressed as: • To steal is to act contrary to the Theft Act. This can be expressed in a more specific manner and still remain general: • It is contrary to s1(1) of the Theft Act to dishonestly appropriate property belonging to another with the intention of permanently depriving that other. The entire de ductive argument can then be set out as shown in Figure 7.14, below. Figure 7.14: a deductive argument Major premise (general) • It is contrary to s1(1) of the Theft Act to dishonestly appropriate property belonging to another with the intention of permanently depriving that other. Minor premise (particular) • Anna dishonestly appropriated a book the property of X store with the intention of permanently depriving the store of it. Conclusion (compelled) • Anna has acted contrary to s1(1) of the Theft Act. We could still attack the minor premise by using it as the thesis of inductive reasoning. However, this time we want to attack the major premise. One way of doing this is to check the interpretation of the words and phrases in the major premise in so far as they replicate s1(1) of the Theft Act. What do you consider to be the meaning of the phrases: • intention to permanently deprive (mens rea); • dishonestly (actus reus); • property (actus reus). These are important words and phrases that may well become the focus of legal argument in the court. We will note later in this chapter how these words and phrases are of major importance in a theft case. In order to explore their meaning, it is necessary to consult other cases where these words and phrases in the Theft Act 1968 have been discussed. Figure 7.15, below, sets out two opposing deductive arguments: one affirming the central deductive argument and one setting out to deny it. This type of structure is the skeleton of the majority of arguments revolving around the use of facts and legal authority to resolve legal dispute in a trial scenario.

2012 ◽  
pp. 236-236
Keyword(s):  
Inductive Reasoning ◽  
Mens Rea ◽  
Legal Authority ◽  
Major Premise ◽  
Legal Argument ◽  
Deductive Argument ◽  
Minor Premise ◽  
Specific Manner ◽  
Actus Reus
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