Actus Reus Lecture
Elements of an Offence
In order for an individual to be found liable for any offence, three elements
must be satisfied.
There must be guilty conduct by the defendant (actus reus)
The defendant must have a guilty state of mind (mens rea)
There must be no valid defence
In later chapters it will be seen that sometimes a defendant can be guilty
of an offence without a guilty state of mind (strict liability offence, for
example), but in every case, the actus reus must be proved before a
conviction can occur.
Although in most cases a defendant is required to do something in order
to satisfy the actus reus, situations where this is not the case will be
discussed below. Additionally, in certain circumstances, the actus
reus requires an additional factor to exist or some specific consequence to
follow in order for the actus reus to be established. Under section 18 of
the Offences Against the Person Act 1861, for example, the defendant’s
actions must wound or cause grievous bodily harm to the victim. The act
of assaulting the victim will not be sufficient to satisfy the actus
reus without this particular consequence. The distinction is described as
being a conduct crime or a result crime.
A further example can be found under section 1(1) of the Criminal
Damage Act 1971 which provides:
A person who, without lawful excuse destroys or damages property
belonging to another intending to destroy or damage any such property or
being reckless as to whether any such property would be destroyed or
damaged shall be guilty of an offence.
The actus reus of the offence is the destruction or damage of property
which belongs to somebody other than the defendant. It is the result of
the defendant’s actions that satisfy the actus reus rather than the actions
themselves, with the additional circumstance being that the property
destroyed or damaged belongs to somebody other than the defendant. In
other words, all three elements/types of actus reus are included.
Conduct - some action that results in damage to property;
Circumstance - the property belongs to somebody other than the
defendant;
Result - the property is damaged or destroyed.
, If this offence is contrasted with the offence of rape, section 1 of the
Sexual Offences Act 2003 provides that:
1. A person (A) commits an offence if -
1. he intentionally penetrates the vagina, anus or mouth of another
person (B) with his penis,
2. B does not consent to the penetration, and
3. A does not reasonably believe that B consents.
All that is required for the actus reus to be satisfied in this context, is that
the penetration with the penis occurred, the victim did not consent and
the defendant. It is therefore the conduct of the defendant that satisfies
the actus reus, no particular result is necessary.
Liability for Omissions
In most cases, a defendant will be required to act in order to satisfy
the actus reus of an offence; the defendant must do something. There is
no general requirement under English and Welsh law for a person to act.
If, for example, a person sees another drowning and can easily save them
by throwing into the water a nearby buoyancy aid, the person decides not
to throw in the aid and the drowning person dies, the person who could
have affected the rescue will not be guilty of an offence. The potential
rescuer is not obliged to act.
There are however, several circumstances where a duty to act is imposed
and where omission satisfies the actus reus of an offence.
Statutory Duty
There are numerous statutory provisions that require an individual to act
in a particular manner and which, if the individual does not act in that
manner, cause the individual to be criminally liable. Under section 7(4) of
the Road Traffic Act 1972, for example, it is an offence to fail to provide a
specimen of breath when required to do so by a police officer. Section 170
of the Road Traffic Act 1988 makes it an offence to fail to stop after a road
traffic accident. It is also an offence to fail to keep proper accounts under
the provisions of the Companies Act 2006 or the Value Added Tax Act
1994.
Duty Arising from a Special Relationship
Care or Control of Children
Section 1 of the Children and Young Persons Act 1933 makes it an offence
for a parent or any other person over the age of 16 years who has
responsibility for a child under the age of 16 years to wilfully neglect the
child. This specifically includes failing to provide adequate food, clothing
Elements of an Offence
In order for an individual to be found liable for any offence, three elements
must be satisfied.
There must be guilty conduct by the defendant (actus reus)
The defendant must have a guilty state of mind (mens rea)
There must be no valid defence
In later chapters it will be seen that sometimes a defendant can be guilty
of an offence without a guilty state of mind (strict liability offence, for
example), but in every case, the actus reus must be proved before a
conviction can occur.
Although in most cases a defendant is required to do something in order
to satisfy the actus reus, situations where this is not the case will be
discussed below. Additionally, in certain circumstances, the actus
reus requires an additional factor to exist or some specific consequence to
follow in order for the actus reus to be established. Under section 18 of
the Offences Against the Person Act 1861, for example, the defendant’s
actions must wound or cause grievous bodily harm to the victim. The act
of assaulting the victim will not be sufficient to satisfy the actus
reus without this particular consequence. The distinction is described as
being a conduct crime or a result crime.
A further example can be found under section 1(1) of the Criminal
Damage Act 1971 which provides:
A person who, without lawful excuse destroys or damages property
belonging to another intending to destroy or damage any such property or
being reckless as to whether any such property would be destroyed or
damaged shall be guilty of an offence.
The actus reus of the offence is the destruction or damage of property
which belongs to somebody other than the defendant. It is the result of
the defendant’s actions that satisfy the actus reus rather than the actions
themselves, with the additional circumstance being that the property
destroyed or damaged belongs to somebody other than the defendant. In
other words, all three elements/types of actus reus are included.
Conduct - some action that results in damage to property;
Circumstance - the property belongs to somebody other than the
defendant;
Result - the property is damaged or destroyed.
, If this offence is contrasted with the offence of rape, section 1 of the
Sexual Offences Act 2003 provides that:
1. A person (A) commits an offence if -
1. he intentionally penetrates the vagina, anus or mouth of another
person (B) with his penis,
2. B does not consent to the penetration, and
3. A does not reasonably believe that B consents.
All that is required for the actus reus to be satisfied in this context, is that
the penetration with the penis occurred, the victim did not consent and
the defendant. It is therefore the conduct of the defendant that satisfies
the actus reus, no particular result is necessary.
Liability for Omissions
In most cases, a defendant will be required to act in order to satisfy
the actus reus of an offence; the defendant must do something. There is
no general requirement under English and Welsh law for a person to act.
If, for example, a person sees another drowning and can easily save them
by throwing into the water a nearby buoyancy aid, the person decides not
to throw in the aid and the drowning person dies, the person who could
have affected the rescue will not be guilty of an offence. The potential
rescuer is not obliged to act.
There are however, several circumstances where a duty to act is imposed
and where omission satisfies the actus reus of an offence.
Statutory Duty
There are numerous statutory provisions that require an individual to act
in a particular manner and which, if the individual does not act in that
manner, cause the individual to be criminally liable. Under section 7(4) of
the Road Traffic Act 1972, for example, it is an offence to fail to provide a
specimen of breath when required to do so by a police officer. Section 170
of the Road Traffic Act 1988 makes it an offence to fail to stop after a road
traffic accident. It is also an offence to fail to keep proper accounts under
the provisions of the Companies Act 2006 or the Value Added Tax Act
1994.
Duty Arising from a Special Relationship
Care or Control of Children
Section 1 of the Children and Young Persons Act 1933 makes it an offence
for a parent or any other person over the age of 16 years who has
responsibility for a child under the age of 16 years to wilfully neglect the
child. This specifically includes failing to provide adequate food, clothing
