So here we are once again faced with a charge of fraudulent counsel against those to whom one owes no fiduciary duty and with no evident actus reus
to support the charge.
serious bodily or mental harm, for no other actus reus
of genocide is as
The First Instance Courts analysed the evidence presented by the prosecution and concluded that the first two defendants "public officials" were aware and agreed together to commit the actus reus
and concluded contracts between them to help embezzle public funds.
" is the action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused, both of which must be established to prove guilt.
The court cited a precedence of the Sudanese case of Sudan government Vs Fatima Hussein reported in SLJR 1966 at page 75-80; it has been remarked in the Sudan by Imam J "its clear that for any crime to be complete, generally speaking, requirement of the law concerning mens rea and actus reus
(action and intention) must both be satisfied else no crime would have been committed and the accused would be entitled to an acquittal".
The following elements of the crime of genocide, as defined under international law, are present with regard to the attacks on civilians in Khojaly: the actus reus
consisting of killing and causing serious bodily or mental harm; the existence of a protected group being targeted by the authors of the criminal conduct; and the specific genocidal intent to annihilate, in whole or in part, a group distinguished on racial, ethnic, national or religious grounds.
If one never intended to kill, then the commission of the actus reus
element of the attempted homicide offense fulfills the original intent (which was to commit a different offense, such as aggravated battery).
The problem arises when thoughts are transferred into action, a distinction classically known as that between actus reus
, which describes the physical component of a criminal act, and the mens rea, the mental intent to do the crime.
155: "Rule 77 (A) provides the general actus reus
and mens rea for contempt.
Every crime has two parts: the forbidden act (actus reus
) and the guilty intent (mens rea).
The document and envelope were not mere pieces of evidence but the very essence (actus reus
) of the alleged crime.
In such circumstances, the actus reus
that forms the basis of the section 10(b) violation--the false public statement--has been disaggregated from the actor who harbors mens rea.
To prove a charge of murder they must prove the actus reus
, act of killing, and mens rea, the intention.