ACTUS REA > the guilty of act (external elements).

General principle-a person is not criminally liable by virtue of an act unless he/she has a guilty mind. Being described as ; 1- external elements of the crime because they are external to the accused mental state 2- Physical elements of the crime because can be seen or felt 3- Molly Cheah describe AR as- the act (or sometimes the omission or other event) 4- Some refer AR as the guilty acts/ wrongful ac of a criminal statute How to determine AR;(to identify part of the crime) i) ii) iii) An act /omission to act Occurring in specified surrounding circumstances, and or Causing any requisite prohibited consequence

Definition of the word 'Act' in Penal Code.-by Murphy J of Bombay High Court S33 of Penal Code provides that an act could include a series of acts Crime involving conduct covering positive act (acts) and failure to act( omission). Principles in establishing AR; i) A must committed the crime by his voluntary act-automatism ii) A must have committed the AR by the positive act- omission ii) A must have caused the consequence(if any) of the crime-causation i) A must committed the crime by his voluntary act-automatism Voluntary( S39 of Penal Code ); E v Bhogilal AIR 193 - voluntary means consciously whereby there must be movement of the muscle./ physical movement.

Automatism The accused must have acted/ committed the AR by the positive act/ omission ; R v Mitchell - an act- of urging/forcing/encouraging another person to commit offence - a necessary short of transaction 2 types of automatism - Insane automatism When the person is completely lunatic -Non- insane automatism When the person lose his control temporarily when he committed the prohibited act case of M'Naughten- rules for lunatic person Sinnasamy v PP ii) A must have committed the AR by the positive act- omission ( to perform the harmful conduct but not for his failure to act only omissions that are 'illegal' will attract criminal liability as defined in s.43 a person is said to be ' legally bound to do whatever it is illegal for him to omit. 3 typers of circumtances that render omission illegal under criminal liability; 1) Omission which is an offence --->s.187 2) Omission - prohibited by law ---> D' Sauza v Pushpati Nath Sarkar 3) Furnishes grounds for a civil action

---> R v Pittwood ---> Rv Miller ii) A must have caused the consequence(if any) of the crime-causation R v White -Factual causation -Legal/ Imputable causation

Parties involved in the instant case are; Bob, Hugo, Doug, Rex and Mary

Bob - Has committed the crime by voluntary conduct (there is a muscular movements under control and direction of his conscious mind when broke into Maudes house( intruder); - stole the money from Maudes house (theft) - Knocked Maude against the fireplace (caused her mortally wounded/seriously injured) -fulfill the 1st principle of AR) Hugo
- Has committed the crime by voluntary conduct (there is a muscular movements under

control and direction of his conscious mind when broke into Maudes house( intruder);
- Stole the money from Maudes house(theft)

- trespassing of the land when he illegally put up a tent without the owners consent(Doug and Rex)
- He also fulfill the 1st principle of AR when he voluntarily commit the prohibited act

Mary
Committed the crime act when she shot Hugo in the leg. She stole the money from Hugo and Bob(theft)

Committed the act of extortion when she held at them gunpoint demanded the money they are taken(theft) Voluntary conduct when she committed the prohibited act.

Doug and Rex - Voluntary conduct when theres muscle movement when they committed the prohibited act - Both has committed the crime act when he shot Hugo (death) Rex grabbed his riffle from the truck while Bob pulled his revolver out ; both then fired at Hugo killing him - Autopsy indicated that the shot was fatal.