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Actus reus

Term
Criminal
Literal meaningThe guilty act
PronunciationAK-tus RAY-us

The physical element of a crime: the prohibited act, omission or state of affairs, together with any circumstances and result that the offence needs.

Example

In theft, the actus reus is taking movable property out of another person's possession without consent.

Essentials
  1. An act (doing something prohibited), or an omission (failing to do what the law requires).
  2. Any required circumstances or result, such as the death of a person in murder.
Case laws
  • R v. Miller (1983), House of Lords: a man who started a fire by accident did nothing to put it out. Held: he was guilty because he failed to act after he knew of the danger.
Exam tip

Asked as the first element of crime along with mens rea.

Memory trick

Actus = action.

Key takeaway

Actus reus is the act or omission that the law forbids.

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