1. Actus reus

2. Fagan


Actus reus

1. The act requirement: Without an act (or, in some cases, an omission), there is no crime.

2. The voluntariness requirement: Only voluntary actions may be punished.

3. The wrongful act of a given offence: the conduct, circumstances and consequences which, when accompanied by the requisite mens rea, comprise the material elements of a given offence.


Fagan

James J. (for the majority) and Bridge J. (in dissent) agree on three points:

1. A mere omission cannot constitute an assault.

2. The criminal law does not impose a positive duty to rescue a stranger.

3. The actus reus and mens rea of a given offence must be present at the same time, but need not have commenced at the same time.

So on what point(s) do they disagree?

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