Every criminal offence has a physical element — the act, omission, situation or consequence the law prohibits. As a solicitor, before you can advise on whether someone is liable, you need to know exactly what the prosecution must prove happened in the real world, separate from what was going on in the defendant's mind. Getting the actus reus right is the foundation of any defence or prosecution analysis, and it often decides cases on its own.
This lesson builds that foundation step by step.
- The Nature and Classification of Actus Reus — what the actus reus is, its components, and the difference between conduct, result and state of affairs offences.
- Voluntariness — why conduct must be willed, and the situations where involuntary movement breaks liability.
- Causation in Result Crimes — the factual and legal tests linking a defendant's conduct to a prohibited outcome, including the thin skull rule.
- Coincidence of Actus Reus and Mens Rea — how and when the guilty act and guilty mind must overlap in time.
- Liability for Omissions — when a failure to act becomes a crime, and the recognised duties that make silence punishable.