VII.   Law

Actus Reus is a fundamental principle of Law and necessary element for establishing criminal liability whereby evidence of the action of a crime must be established with the intent of the accused to knowingly commit a crime.

The Phrase “Actus Reus” comes from Latin and means “guilty act”. It is derived from the Latin phrase and maxim actus non facit reum nisi mens sit rea, meaning "the act does not make a person guilty unless the mind be also guilty".

In order for actus reus to be committed a deliberative act must be proven to have occurred involving bodily movement as either commission or omission:

(i) commission is engaging in a bodily movement resulting in an injury proscribed by law; and

(ii) omission is failing to engage in a necessary bodily movement for which a duty to perform exists resulting in an injury proscribed by law.

The concept of a deliberative act is a bodily movement that is performed voluntarily. While a voluntary bodily movement may cause an involuntary reaction, involuntary bodily movements are generally considered excluded from the meaning of a deliberative act.

As Possession alone does not constitute an act, it therefore can never be argued as actus reus without corrupting the essential principle itself and therefore negating its validity.

While Possession itself can never be considered an act without corrupting the law, all possessions by definition are arrived through a series of voluntary or involuntary acts. Therefore, in the case of possession, the source of Actus Reus is not the possession itself, but the act or acts leading to possession.