Actus reus Definition

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GLOSSARY

What does Actus reus mean?

All the elements of a criminal offence except the accused's mental element.

The term comes from a mistranslation of the Latin Actus non facit reum, nisi mens sit rea, which properly translated means “an act does not make a man guilty of a crime unless his mind be also guilty”. It is used to refer to the act, conduct, omission or state of affairs which the offence in question prohibits. The mental and other elements of a criminal offence can, however, on occasions be difficult to distinguish, eg “possessing”, “keeping”, permitting”. These terms import both physical and mental elements.

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