The
common law did not consider possession a constituent element of the actus reus based on the idea that
possession was not equated with the external manifestation of mens rea. However, with the development
of the criminal law, with an ever-increasing volume of criminal offences on the
statute books, the concept of possession as an element of the actus reus became intrinsically
important in the construction of criminal liability. Although it is passive
rather than active possession is an element of certain offences that prohibit
the mere possession of objects or substances considered harmful to the public
such as illegal drugs, child pornography, offensive weapons, unlicensed firearms,
and theft offences. This article evaluates the intricacies of possession in the
light of its various forms as an exception to the act requirement in the
construction of criminal liability.