LAW1114 Study Guide - Final Guide: Homicide, Blood Transfusion, Mens Rea
13 Aug 2018
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Sometimes inchoate offences of attempts and conspiracy lack final act that constitutes a complete offence. Conduct, omissions, circumstances and results: the actus reus = act that the accused committed, eg. Actus reus of a common assault is satisfied if there is an application of force to another without that person"s consent. For some offences - actus reus is satisfied upon the commission or omission of conduct. Ugle v the queen (2002) 189 alr 22: the act that causes death must be willed by the accused, requirement under common law that the death of the deceased be caused by a willed act or. A person cannot be criminally responsible for an act that was not willed, it must be the product of his/of conscious mind. "act of god: act of a third party, act of the victim eg. frail victim, suicide. Left in a hazardous position very close to the water.
