Scotland And Actus Reus

In its most basic terms, a crime occurs when someone carries out a wrongful act (i.e. the actus reus) at the same time as having a wrongful state of mind (i.e. the mens rea). The basic equation can be stated as: Actus Reus + Mens Rea = crime. The behavioural and mental elements of the crime must happen at the same time. There cannot be a gap between the two. For example, at the time the accused caused a death of the victim, he surely intended to or wanted to kill that person. In this essay, I will indicate and explain the significance of an accused person’s intentions in relation to the criminal law of Scotland. In doing so, I will compare this with a person’s reason for acting they did (assuming the reason is known).

Actus Reus
Actus reus is used to denote the physical element of a crime other than the state of mind of the defendant. The accused must have performed an act which is forbidden by law. It includes the conduct, omission, or situation, which, if accompanied by the appropriate mens rea, would result in criminal responsibility. The Actus reus must be voluntary.

Hogg v MacPherson 1928 – Driver of a van driving on street on a windy
This can be done through consideration of the following case; Gizzi and Another v Tudhope (1983) - two men had been convicted of the reckless discharge of firearm and appealed their convictions. They had gone clay pigeon shooting and discharged their shotguns over an area which was screened by trees. A few workmen in the area were injured. The judge on appeal stated that they fired their shotguns in an area where members of the public might be and they had done nothing to check that no one was within range at the