Hi, welcome to the Australian Law Student Law In 4 podcast, your go-to podcast for legal
insights in four minutes or less. I'm Nick Hodgkinson, and today we're talking about
Actus Reyes. But first, our obligatory disclaimer. The Law In 4 podcast is produced by law students
for law students. It is not, nor is it intended to constitute, legal advice. If you require
legal assistance, you should contact your local law society, who can direct you appropriately.
For more information on the Australian Law Student, visit our website at theauslawstudent.com.
Okay, modern criminal responsibility is divided into two realms, Actus Reyes and Mens Rea.
The division reflects the age-old separation of mind and body, echoing Descartes' famous
expression, I think, therefore I am. In the criminal justice system, the traditional
focuses often lean towards Mens Rea, determining the state of mind at the time of an offence.
Actus Reyes is often elusive and sometimes controversial. It's best defined as everything
that Mens Rea is not. It encompasses the conduct prohibited by criminal law involving acts,
omissions, and may include references to consequences or circumstances. Different
offences have varied Actus Reyes requirements and are specified in the legislation or determined
by common law. Notably, criminal liability is typically tied to positive acts and not omissions,
with legal duties established.
In some instances, the defendant may be charged based on a situation rather than a specific
act, and we refer to these as situational offences. Mental elements can also be part
of the Actus Reyes, exemplified by offences like psychic assault, where the victim's
state of mind is central.
Voluntariness is a crucial element, requiring that the defendant's conduct be conscious
and willful. The traditional view exemplified in The Crown Against Falconer emphasises a
conscious and willful act. The Actus Reyes can also be part of the Actus Reyes, exemplified
by a conscious choice, irrespective of understanding the consequences.
Australian legislation further outlines the requirement that the conduct must be voluntary,
excluding certain circumstances like spasm, convulsion, acts during sleep, or intoxication.
When involuntariness is claimed, the defendant bears the evidential burden to support that claim.
The prosecution is entitled to presume that some acts are voluntary, and once the evidential burden
is satisfied, the prosecution must prove beyond a reasonable doubt that the acts were voluntary.
Actus Reyes and Mens Reyes serve as cornerstones in deciphering criminal responsibility.
Over the next few episodes we will discuss Mens Reyes, which we consider to be substantially more
complex. Join us next time on the Australian Law Students' Law in 4 podcast. As always,
if you have any suggestions, please email us at team at theoslawstudent.com or leave a comment
in your review on Spotify or Apple Podcasts.