Introduction to Actus Reus and Mens Rea in Criminal Law

Criminal Law Overview

• In a conduct crime, the offence is formed by the combination of the physical element (actus reus) and the mental element (mens rea).

Actus Reus and Mens Rea

• The physical element of a crime is called actus reus in criminal law.
• Actus reus refers to the prohibited action or conduct that forms the external element of a crime.

Blameworthiness and Fault

• The term used to describe the idea of blameworthiness in criminal law is mens rea.
• A person is considered at fault in criminal law when they have a guilty mind (mens rea) accompanied by a prohibited act (actus reus).

Intention and Mens Rea

• The term used to describe what the defendant is intending or thinking when the crime is committed is mens rea.
• In theft, the mens rea required is the intention to permanently deprive the owner of their property.

Conduct Crimes

• In a conduct crime, what is necessary to prove is that the defendant committed the prohibited act (actus reus) with the required mental element (mens rea).

Standard of Proof

• The standard of proof required for a successful prosecution of any crime is beyond a reasonable doubt.

Actus Reus

• The actus reus of a crime refers to the external element of the offence, including the prohibited act, omission, or state of affairs.

Causation

• If the damage or destruction occurred from some other cause in a criminal offense, it may affect the defendant's liability for the crime.