Elements of Actus Reus

It is essential that every criminal offense contains elements of Actus Reus. This lecture will focus on those physical aspects of criminal offenses. The actus figures for every offense is different. The Actus Reus elements of an offense are every element within the definition of the offense, which is not related to the state of mind of the defendant.

Consequently, the simplest way to identify the Actus Reus of a criminal offense is to subtract Means Rea elements, which relate to the defendant's state of mind from the definition of the offense. The remaining elements are the Actus Reus elements.

The phrase guilty act is misleading, as it implies that the Actus Reus of an offense must involve an act. This is not strictly true.

In fact, the Actus Reus of an offense is wider and more complex than this. The Actus Reus of an offense may involve an act or omission, which is conduct; the existence of surrounding circumstances, the occurrence of a result consequences, and their causes.

In order to establish the guilt of the defendant, the prosecution must prove each and every element of the Actus Reus of the offense. If one element of the Actus Reus is not established, then the Actus Reus cannot be proved, and there is no criminal liability.

This is irrespective of whether or not the defendant had the Mens Rea of the offense. For example, take the offense of murder. If the death of the victim cannot be proved by the prosecution, then the defendant is not guilty of murder even if it is established that the defendant had the Mens Rea for the offense.

Now let's look at the elements of Actus Reus more closely.

The core element of criminal liability is some form of prohibited conduct. Usually, this prohibited conduct will involve a wrongful act.

Note that we will discuss omission later in this lecture.

So going back to the Act. Identifying this act is a crucial task for the prosecution. Although there are exceptions: generally, if the defendant has not acted, there can be no liability. This principle is known as the act requirement.

So what is an act?

There are two components of the act:

• The first component of an act is bodily movement
• Let me illustrate by an example.

In Our versus Herod 1908, the defendant chased his wife out of the house, shouting threats at her. She collapsed and died. He did not physically touch her. She was suffering from a rare thyroid condition, which could lead to death, where physical exertion was accompanied by fright and panic. Both the defendant and his wife were unaware she had this condition. It was held that the defendant was liable for constructive manslaughter, as his unlawful act, and assault caused the death.

So, the conduct`s element in murder consists of any act, which causes the death of a human being.There is no need for an act of violence, any act which causes death will do:

• Poisoning the victims drink is an act.
• Cutting the brake cables of the victim's car is an act.

The second component of the act requirement is that the bodily movement must be voluntary.

In Bratty versus AG for Northern Ireland 1961, the appellant strangled and killed a young woman, while giving her a lift. He then dumped her body on the side of the road and drove home. The appellant was a friend of the family of the deceased and had many times visited their home and given her lifts. The appellant suffered from psychomotor epilepsy and stated, that at the time of the killing a terrible feeling came over him and he was not conscious of his actions.

Lord Denning explained the requirement as follows: “No act is punishable if it is done involuntarily, and an involuntary act in this context means:

• an act, which is done by the muscles without any controlled by the mind, such as a spasm reflex action or a convulsion; or
• an act, which is done by a person, who is not conscious of what he is doing, such as an act done, while suffering from concussion or while sleep walking.”

So simply, the Actus Reus of the offense must be voluntarily performed. This means that the defendant must have had the capacity to control his movement at the time that the defendant performed the actus of the offense.

Where the Actus Reus is involuntary - no criminal offense has been committed, as the defendant will have the defense of automatism available to him. Consequently, a person will not be guilty of a criminal offense, where that person performs the Actus Reus of the offense due to a muscle spasm or a reflex or through physical compulsion by another person.

An often cited example is that given by Lord Goddard and justice Pearson in Hill versus Baxter 1958. The facts of the case go like this: a man succeeded in driving a substantial distance. Before having an accident he was charged with dangerous driving. He could not remember anything between a very early point of the journey and immediately after the accident. It was suggested and accepted at first instance, that he was not conscious of what he was doing, and that he was not capable of forming any intention as to his manner of driving. The reason for this is because he succumbed to an unknown illness and so was not able to control his actions.

The often quoted example given by Lord Goddard and justice Pearson, in this case, is that a driver's conduct in driving dangerously might be involuntary, if he was stunned by a blow on the head from a stone or if he was attacked by as swarm of bees. Under these circumstances, the Actus Reus of the offense of dangerous driving would not be voluntary, and the driver would escape criminal liability.

Where a defendant has no control over what they are doing, they are said to be acting in a state of automatism. Like insanity is close cousin automatisms is a defense to criminal liability. Both will be looked at in detail in later lectures.

Let's now look at the exceptions to the Actus Reus.

There are three exceptions to the general rule that criminal wrongdoing, Actus Reus, requires an act. Certain crimes do not require any act at all.

These are:

• situational crimes
• crimes of possession
• crimes of omission

Let's discuss those in the next lecture.