ABSTRACT
This chapter examines the physical elements that are required to be proved for liability to be imposed. The Latin phrase ‘actus reus’ is used as a convenient shorthand for describing all the physical elements that go to make up different criminal offences. The majority of criminal offences considered in this textbook require as a starting point some physical element on the part of the defendant (D). Some criminal offences require certain circumstances to exist in addition to the conduct/consequence elements. Some criminal offences may be committed with no, or a very little, mental element. Originally, the English criminal law only punished those who caused a prohibited result by a positive act. Both adults were convicted of murder and the Court of Criminal Appeal upheld the convictions. Factual causation alone, therefore, is not enough for criminal liability. The Crown’s case was that the appellants’ omission to summon medical assistance formed the basis of their liability.
