TIOL-DDT 320 · Friday, 10 March 2006 · story 4 of 4

actus reus— sometimes called the external elements of a crime

- is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, i.e. the "guilty mind", produces criminal liability

If a man buys a box of matches, he cannot be convicted of attempted arson, however clearly it may be proved that he intended to set fire to a haystack at the time of the purchase. Nor can he be convicted of this offence if he approaches the stack with the matches in his pocket, but if he bends down near the stack and lights a match which he extinguishes on perceiving that he is being watched, he may be guilty of an attempt to burn it- Malkiat Singh and Another v. The State of Punjab

The benefit of Going to Law

Two beggars traveling along,

One blind, the other lame,

Pick'd up an oyster on the way

To which they both lay claim:

The matter rose so high, that they

Resolv'd to go to law,

As often richer fools have done,

Who quarrel for a straw.

A lawyer took it straight in hand,

Who knew his business was,

To mind nor one nor t'other side,

But to make the best o' the cause;

As always in the law's the case

So he his judgment gave,

And lawyer-like he thus resolv'd

What each of them should have.

Blind plaintiff, lame defendant, share

The friendly law's impartial care,

A shell for him, a shell for thee,

The middle is the lawyer's fee.

(Benjamin Franklin (1706-1790)

Until Monday with more DDT and the budget

Have a nice Weekend.

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