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. These elements usually differ from one crime to another: the actus reus of murder is very different from the actus reus of theft. However, some different crimes have the same actus reus – for example, murder and involuntary manslaughter. The chapter explains some physical element on the part of the defendant (D) an act which causes the death of the victim (V). D must be both the factual and legal cause; factual causation alone is not enough for liability. Legal causation looks for an unbroken 'chain of causation'. In law, D need not be the sole, or even the main, cause of death provided he makes a more than minimal contribution to the result.