Flashcards in Elements of a Crime Deck (3)
What is an actus reus?
It is the conduct element and can be a positive act or an omission when there is a duty to act. Sometimes, it is simply 'being there' (state of affairs).
Why is there a law on actus reus?
1. Innocent people are harmed in different ways.
2. To protect, liability must be drawn flexibly.
3. It is normally accompanied by an appropriate mens rea, so criminal law is built on fault.