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In criminal law, two key ideas are used to determine if someone is guilty of a crime - actus reus and mens rea. Actus reus refers to the physical act of the crime while mens rea is about the person’s state of mind or intention. Both are needed to prove that a crime has been committed under the common law system in the UK.

Actus Reus

Actus reus refers to the physical element of a crime. It’s what the person accused of the crime must be shown to have done, or failed to do. It can consist of:

  • An act: A deliberate action, such as striking someone in an assault.
  • An omission: A failure to act when there is a legal duty to do so.
  • A state of affairs: Situations where liability arises simply because of a particular set of circumstances.
Figure 13. Actus reus is the guilty act itself, such as breaking into a house.

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