Week 4 tutorial: Actus reus – acts and omissions
• Actus reus (guilty act) : the actus reus of an offence describes the wrongful conduct and/
or consequences required for liability in proscribed circumstances.
• Mens rea (guilty mind): The mens rea of an offence describes the wrongful state of mind
that D must have when completing actus reus.
• the actus reus of an offence includes any offence requirement that is external from D’s mind.
anything that is not “mens rea”. This includes:
• D’s acts and omissions
• the surrounding circumstances such as the ownership of the property in theft and criminal
damage
• the required results of the offence such as death in homicide offences
• proof of necessary links between elements e.g. that the results must be caused by D’s conduct.
To be liable for an offence, it must be proved beyond reasonable doubt that D satisfied all the
requirements of both the actus reus and the mens rea, and D must lack a defence.
Although offences have been created in the absence of mens rea, there is no liability in the
absence of actus reus, there is no “thought crime”
The wrongs targeted can only be clearly demonstrated when actus reus and mens rea elements
are brought together.
Separating the actus reus and mens rea
Two examples of terms popularly analysed as only one or the other.
‘Sexual’: An actus reus requirement for a sexual assault is that D’s conduct must be ‘sexual’.
Section 78 of the Sexual Offences Act 2003 states that D’s conduct can be sexual (a) because of
its nature,in the sense that a reasonable observer would describe it as sexual (b) if its nature may
be sexual and the circumstances or purpose of D make it sexual. It is more commonly represented
as an actus reus element alone.
‘Dishonesty’: One of the main elements of theft and fraud is the requirement that D acted
‘dishonestly’ an element that is referred to as a mens rea requirement.
Actus reus elements
• Conduct: D’s physical acts or omissions required for liability.
• Circumstances: Facts surrounding D’s conduct required for liability
• Results: the effect of D’s acts required for liability.
The actus reus requires D to have completed certain acts or omissions(conduct element) that
cause damage (result element) to property belonging to another (circumstance element)
The conduct element
It is concerned with the physical movement of D’s body. It focuses only on the external movement.
The conduct element is not always specified. e.g. the actus reus of murder includes any conduct
that causes the unlawful death of a person. it might be a shooting, hitting, stabbing etc.
There are certain offences that liability can arise even in the absence of movement.
A) Omission liability: The major exception to any requirement of positive action is liability based
on omission to act. e.g. when a motorist fails to report an accident that she was involved in.
• Actus reus (guilty act) : the actus reus of an offence describes the wrongful conduct and/
or consequences required for liability in proscribed circumstances.
• Mens rea (guilty mind): The mens rea of an offence describes the wrongful state of mind
that D must have when completing actus reus.
• the actus reus of an offence includes any offence requirement that is external from D’s mind.
anything that is not “mens rea”. This includes:
• D’s acts and omissions
• the surrounding circumstances such as the ownership of the property in theft and criminal
damage
• the required results of the offence such as death in homicide offences
• proof of necessary links between elements e.g. that the results must be caused by D’s conduct.
To be liable for an offence, it must be proved beyond reasonable doubt that D satisfied all the
requirements of both the actus reus and the mens rea, and D must lack a defence.
Although offences have been created in the absence of mens rea, there is no liability in the
absence of actus reus, there is no “thought crime”
The wrongs targeted can only be clearly demonstrated when actus reus and mens rea elements
are brought together.
Separating the actus reus and mens rea
Two examples of terms popularly analysed as only one or the other.
‘Sexual’: An actus reus requirement for a sexual assault is that D’s conduct must be ‘sexual’.
Section 78 of the Sexual Offences Act 2003 states that D’s conduct can be sexual (a) because of
its nature,in the sense that a reasonable observer would describe it as sexual (b) if its nature may
be sexual and the circumstances or purpose of D make it sexual. It is more commonly represented
as an actus reus element alone.
‘Dishonesty’: One of the main elements of theft and fraud is the requirement that D acted
‘dishonestly’ an element that is referred to as a mens rea requirement.
Actus reus elements
• Conduct: D’s physical acts or omissions required for liability.
• Circumstances: Facts surrounding D’s conduct required for liability
• Results: the effect of D’s acts required for liability.
The actus reus requires D to have completed certain acts or omissions(conduct element) that
cause damage (result element) to property belonging to another (circumstance element)
The conduct element
It is concerned with the physical movement of D’s body. It focuses only on the external movement.
The conduct element is not always specified. e.g. the actus reus of murder includes any conduct
that causes the unlawful death of a person. it might be a shooting, hitting, stabbing etc.
There are certain offences that liability can arise even in the absence of movement.
A) Omission liability: The major exception to any requirement of positive action is liability based
on omission to act. e.g. when a motorist fails to report an accident that she was involved in.
