WHAT IS THE ACTUS REUS?

⇒ The >actus reus of an offence tells us what we can and cannot do. For example, killing someone would be the actus reus of murder.

⇒ An actus reus can consist of more than just an act, it comprises all the elements of the offence other than the state of mind of the defendant. Depending on the offence, this may include the circumstances in which it was committed, and/or the consequences of what was done.

For example, the crime of rape requires unlawful sexual intercourse by a man with a person without their consent. The lack of consent is a surrounding circumstance which exists independently of the accused’s act.

BASIC INTRODUCTION TO THE VOLUNTARY ACT REQUIREMENT

⇒ The voluntary act requirement means you cannot usually commit a crime without doing an act: a person is not guilty of an offence unless his criminal liability is based upon conduct that includes a voluntary act.

⇒ A voluntary act is defined as conduct which is performed consciously. For example, if you were carrying your mother’s favourite china and then your brother scared you as you walked into the dining room, causing you to drop the china, then you would not be charged of unlawful damage. Indeed, it may be seen as your brother’s act!

OMISSIONS

⇒ Generally, a person will not be liable for simply failing to act. In English law, at least, if you come across a child drowning in a pond and simply leave that child to die you will not be criminally liable.

CRIMES THAT CANNOT BE COMMITTED BY AN OMISSION

⇒ However, in some circumstances it may be possible to be criminally liable for an omission where there is a duty to act in a particular way. The following section demonstrates situations where the defendant will be under a duty to act, such that an omission could lead to criminal liability.