| 21. | The main focus of digital forensics investigations is to recover objective evidence of a criminal activity ( termed actus reus in legal parlance ).
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| 22. | However, it would be the " actus reus " of an assault if the victim wrongly believes the gun is, or may be, loaded.
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| 23. | The purposeful, reckless, or negligent absence of an action is considered a voluntary action and fulfills the voluntary requirement of " actus reus ".
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| 24. | The " mens rea " and " actus reus " of indecent assault are essentially as for common law assault and / or battery.
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| 25. | This is recklessness . "'It is the mental state of mind of the person at the time the actus reus was committed " '.
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| 26. | A person who uses an innocent agent is subject to the same liability as if they were the one who committed the actus reus.
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| 27. | This " actus reus " was a continuing act and the " mens rea " was formed during the relevant time ( see concurrence ).
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| 28. | This has been criticised since it breaks the correspondence principle, that the " mens rea " should match the " actus reus " of an offence.
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| 29. | This is generally true of rules of the criminal law, which ordinarily impose liability only for the actus reus and mens rea of the defendant himself.
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| 30. | A " mens rea " is imputed when a person with reasonable foresight in the same circumstances would have foreseen that the " actus reus " would occur.
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