ACTUS REUS • Voluntary act or; • Omission to act where the law imposes a duty to act

Omissions • Can also form part of the actus reus of an offence only where a person has a legal duty to act • Apply: ▪ Where there is a special relo b/w the accused and the victim • Parents/minors; spouses; inkeeper/guests; primary & secondary teachers/students

▪ Where the accused voluntarily assumes responsibility of victim & undertakes to take care of a helpless person • Duty arises if accused assumes responsibility to help a person and puts victim in a position to seclude him so as to prevent others from helping • MJ and his doctor

There is no offence where act is involuntary such as: ▪ Accidental ▪ Forced by someone else ▪ A reflex ▪ Done in a state of automatism (no knowledge of action) • Sleep disorders • Ingestion of drugs or alcohol • Epileptic fit

Who can be a victim of Homicide? • Victim MUST be a human being

• R v Hutty [1953] VLR 338 Issue • When can a foetus be a victim of a homicide?

Rule • Only a person "in being" can be a victim of murder - meaning: fully born

Analysis • At the time of birth, the child could be qualified as "in being" because it was able to exist independent of its mother

Conclusion • At the time of death, the victim can be considered to be "in being" and thus, the defendant can be prosecuted for the crime of murder

MENS REA • Bad or guilty mind which encompasses various mental states

Intention • Actual subjective intention of bringing about the prohibited result

Knowledge • Awareness that particular circumstances exist or that a particular consequence will occur • Belief that certain facts are true

Recklessness • Aware of the risk that result is likely to occur and chooses to proceed

Ordinary negligence • Should have known the risk (doesn't usually suffice tho)