For a person to be found guilty of a criminal offence it must be shown that they:
acted in a particular way
failed to act in a particular way (omission), or
brought about a state of affairs.
The criminal conduct or criminal act of an offence is also known as the actus reus and this behavioural element is the essential characteristic of any offence.
The mental element of an offence is what a defendant must have had, while the criminal act is done or was failed to be done. When proving the required criminal act it must be shown that:
the defendant's conduct was voluntary, and
it occurred while they still had the requisite mental element
Other than in a few specific instances where an omission will suffice, the prosecution must show that the defendant acted voluntarily by operation of their own free will.
Generally, it must also be shown that the defendant had the required mental element or mens rea at the time of the carrying out of the criminal act.
See Practice Note: Criminal act or omission.
Criminal
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