CRM 2300 Lecture Notes - Lecture 26: Actus Reus, Mens Rea, Sleep Disorder
Document Summary
In order to commit the action you have to consciously will the action. Action has to be consciously willed by the acused in order to be considered as actus reus. Technical definition: actus reus is the result of the accused exercise of free will. If the mental element of the mens reus is not valid then the accused must be aquited and you even have to move on to the mens rea. Automatism: a state of impaired consciousness where the accused is capable of acting but has voluntary control over the action. Punish reus you don"t has not: parks. Goes to bed one night and one night he gets up. Inlaws get up because of noise in kitchen. Scc: a person who is sleep walking can"t think, reflect, or preform voluntary acts. No control of stabbing because of state of unconsciousness. You have to acquit: external trauma, bleta.