The authority for the " actus reus " and " mens rea " of involuntary manslaughter by an unlawful and dangerous act is the High Court of Australia case of " Wilson v R ".
42.
The prohibition against criminal conspiracy, however, does not punish mere thought; the criminal agreement itself is the actus reus and has been so viewed since Regina v . Bass, 11 Mod . 55, 88 Eng.
43.
This " actus reus " was a continuing state of affairs for so long as the car rested on the officer's foot and the " mens rea " was formed before the car was removed.
44.
Counsel had argued that the effect of the decisions in " R v Lawrence " and " R v Gomez " was to reduce the actus reus of theft to a " vanishing point ".
45.
In the criminal law, an omission will constitute an " actus reus " and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty.
46.
Furthermore, it has two elements which must be met, the actual taking of the property, even if momentarily ( actus reus ) and the culpable intent to deprive another of their property ( mens rea ).
47.
And for the sake of completeness, if A commits an offence with an " actus reus " and a " mens rea ", it will not affect liability that A subsequently repents the crime and effects restitution.
48.
If the natural person who acts can be " identified with the mind of the company " when performing the actions forming the " actus reus ", all the relevant mental elements will be imputed to the company.
49.
The actus reus of perjury might be considered to be the making of a statement, whether true or false, on oath in a judicial proceeding, where the person knows the statement to be false or believes it to be false.
50.
However, she believes that the better analysis of someone who is unable to control their motor vehicle because of the onset of some disease ( or something beyond their control ) should be that the Actus Reus element is not established.
