Actus reus

Actus reus is a term used in criminal law to refer to the physical act or omission that comprises the physical elements of a crime. The term is Latin for "guilty act" and is one of the two main elements of most crimes in many jurisdictions, the other being mens rea or "guilty mind".

Definition

The actus reus of a crime can be the commission of an act, or the failure to act when legally required to do so. It is the physical or external part of a crime. It must be a voluntary act as an involuntary act would not attract criminal liability. The actus reus includes all the elements of the offence indicated in the definition except the accused's mental state.

Elements

The elements of actus reus can be broken down into three categories: conduct, circumstances, and consequences.

• Conduct: This refers to the accused's behaviour at the time of the alleged offence. It is the physical act that constitutes the crime. For example, in a theft, the conduct would be the act of taking someone else's property.

• Circumstances: These are the specific conditions or facts surrounding the event that must be present in order for the act to be considered a crime. For example, in a burglary, the circumstance would be that the property entered was owned by another person.

• Consequences: These are the results of the conduct. In some crimes, it is necessary to prove that the conduct caused a particular result. For example, in a murder, the consequence would be the death of another person.

Relationship with Mens Rea

The actus reus must coincide with the mens rea to constitute a crime. This is known as the "concurrence of elements". The mens rea refers to the mental element of the crime, such as the intention to commit the act or knowledge that the act would cause a particular result.

Legal Significance

The concept of actus reus is significant in criminal law as it helps to distinguish between those who have committed a crime and those who have not. It is a fundamental principle of criminal law that a person cannot be convicted of a crime unless it can be proven that they committed a physical act or omission that is considered a crime.

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