Actus reus is the physical element of a crime. In most cases, the actus reus will be something the defendant does - an “act” - however it can also be; a failure to act and or a state of affairs.

The defendant must have control over what he does or fails to do, in other words, his action must be voluntary. If the defendant has no control over his actions then he has not committed the actus reus. The defendant didn’t had control over his vehicle due to a swarm of bees.

These are very rare instances in which defendant has been convicted even though he did not act voluntary. Defendant was told to leave UK as her visa ran out. She left, found refuge in Ireland but was deported back to UK to be charged. She was arrested and charged with being ‘ an alien to the country’ and convicted.

For some crimes, the actus reus must also result in a consequence. This can be seen in the offence of ABH where the act has to cause some injury to the victim.