Introduction in the last chapter we noted that a criminal act or actus reus is required to exist in unison with a criminal intent or mens rea, and as you soon will see, these two components must com bine to cause a prohibited injury or harm. In such cases proof by the prosecution of mens rea is not required in respect of. When the crime is a result crime, certain consequences have to follow from ds conduct before the actus reus of the offence can be established. Result crimes can only be committed if a particular result occurs, ie. Where a person has the mens rea of one crime, and commits the actus reus of the same crime, although not in the way he expected, he can still be found guilty.
This lesson will define the terms mens rea and actus reus in criminal justice. Pdf on oct 29, 2012, courtney klein and others published guilty act, guilty mind. The actus reus is the conduct element of an offence, this is what the defendant must have been proved to have done. The term mens rea is not defined in the indian penal code. The differences between the two will be discussed so the reader will be able to compare these terms effectively. Mens rea selfmade notes criminal law laws10032 studocu. In order for an individual to be found liable for any offence, three elements must be satisfied. Notes on mens rea intention, recklessness and negligence. Most criminal offences require 1 an actus reus conduct external to the defendants thoughts and intentions and 2 a mens rea a specific state of mind on the part of the accused.
Mens rea can fall under three different categories. Importance of actus reus and mens rea under indian law. An actus reus can consist of more than just an act, it comprises all the elements of the offence other than the state of mind of the defendant. Section 793 provides that parts of the body that are surgically constructed fall with the remit of the act. Mens rea and actus reus assignment sandalwood heights. The latin maxim actus non facit reum nisi mens sit rea is derived from mens rea. Mens rea vs actus reus those of us wellversed in the field of criminal law have no difficulty in distinguishing the terms mens rea and actus reus and identifying the different between them.
It is defined as the mental element necessary to constitute criminal liability. This video covers a basic definition of actus reus. Have students discuss the state of mind and actions involved in each. In order for a person to be found guilty of committing a criminal offence, it usually has to be proved that the defendant has both committed a guilty act with a guilty mind. Actus non facit reum nisi mens sit rea legal maxim law. Simons notes, if d now knows that the package he delivered for e contained illegal drugs. From wikibooks, open books for an open world mens rea elements. This must be resisted as there are many ingredients in the answer, which requires careful planning and organization. Difference between mens rea and actus reus compare the.
The first two elements contain the actus reus of the offence, the second two the mens rea. An introduction to criminal liability starting with actus reus, being the guilty act element of a crime. Actus reus non facit reum nisi mens sit rea oxford reference. For example, the mens rea of murder is intending either to kill or cause grievous bodily harm to any person there are two other main ways in which someone can be legally blameworthy. Unlike actus reus, mens rea has to be proved in order to prosecute for the crime. You will now want to determine whether d can be charged with a lesser office based on a different mens rea. There must be guilty conduct by the defendant actus reus the defendant must have a guilty state of mind mens rea there must be no valid defence. A person who committed a crime that intended to do so can be said to be more culpable than one who acts recklessly. That is to say when they formed the intention to kill, there was no actus reus as the man was still alive. The issue in this context is whether the potential defendant is likely to be found to have satisfied the. The defendant must have a guilty state of mind mens rea there must be no valid defence this chapter will examine the first element of liability, the actus reus. Actus reus is the wrongful act committed and mens rea is the state of mind behind such acts. It has to be established that ds conduct act or omission caused the result to happen. In other words, the act must be one that is prohibited by law.
English criminal lawactus reus wikibooks, open books. To make the best use of time, refer back to what you have already written in the murder section. Actus reus and mens rea in most cases, it does not matter if we distinguish intention and recklessness. If a criminal act occurs or if there is an unlawful omission of action, it is also an element of a crime. Elements of a crime criminal law lecture notes docsity. Both actus reus and mens rea are elements of a crime in which both are necessary in order for the defendant to be liable. It is common sense that a person must be found to have done the illegal act. Article knowledge, recklessness and the connection requirement. The first part of the actus reus of rape makes it clear that it is an offence that can only be committed by a man. A duty which arises because the d has set a chain of events in motion r v miller 1983 d was squatting, slept with a cigarette, set fire to mattress. Mens rea is the part of an offence relating to the defendants blameworthy state of mind when committing the actus reus basically, its about intention.
A brief overview congressional research service summary criminal justice reform has played a major role in the congressional agenda over the past several congresses, with sentencing reform bills making up the majority of the legislative action on this issue. When they threw him off the cliff, there was no mens rea as they can intend to kill someone they believed was already dead. In addition to meeting all of the actus reus elements of an offence, a defendant must be shown to have a guilty mind at the same time that they commit the actus reus. General principles1 a definition generally speaking, crimes have two components. This concept is the basis of todays legal test of guilt, which requires proof of fault. The two essential elements mens rea and actus reus duration. The rationale behind the rule is that it is wrong for society to punish those who innocently cause harm. The rule operates only where it is the same type of offence the d wishes to commit on either the person or object. Pdf on oct 29, 2012, courtney klein and others published guilty act, guilty. Actus reus, omissions, causation, mens rea, criminal liability and offences of strict liability 6. While there is sufficient evidence for actus reus, there is no mens rea. For those not so acquainted, they probably appear as some latin terms that dont really make much sense. The fundamentals of criminal law oxford university press.
It has long been the custom to employ the term actus reus to denote a deed so prohibited. It is important to note that the terms actus reusand mens rea, are simply useful. Mens rea and actus reus are difficult concepts to grasp. Today, in addition to meeting all of the actus reus elements of an offence, a defendant must be shown to have also have a guilty mind at the same time that they. The two basic components of criminal law is actus reus and mens rea. Mens rea this is the state of mind of a person to a criminal act. In order to create criminal liability, it is not sufficient that there is mens rea and an act. We also stock notes on criminal law as well as law notes generally. The concept of actus reus is the focus of this chapter. Concept of mens rea in the criminal law northwestern pritzker. This article outlines some of the dangers of the traditional discussion of actus reus and mens rea. Tm can transfer person to person or object to object. Mens rea is the guilty mind or guilty intention to commit a crime, with the intention of causing hurt to another person, animal, or with the express intention of disturbing the peace.
This wrongful act is usually expressed as the actus reus. What are the 7 elements of a crime, 7 elements of crime. Article shared by actus non facit reum nisi mens sit rea is the famous english maxim of criminal law. Actus reus connotes an overt act, the physical result of human conduct.
A court may be confronted by a lack of temporal coincidence between actus reus and mens rea but nonetheless impose liability because on analysis the coincidence requirement is held to be satisfied in form or in substance. The actus reus of a crime may be categories into one or multiple of three categories. In other words, actus reus includes all the elements of the offence indicated in the definition except the mens rea the state of mind, if any. Actus reus actus reus is also a latin term and it means to do an act. Use the three comic book panels to illustrate the concepts of mens rea, actus reus and wilful blindness. Cause and the contemporaneity of actus reus and mens rea. Mens rea and actus reus are two essentials of any crime and are the principles used in most common law countries. The legal term actus reus, as used in modern times, stems from the 16th century writings of sir edward coke, in which he stated actus non facit reum nisi mens sit rea, which means an act does not make a person guilty unless his mind is also guilty. The term actus reus may conceal important underlying principles, while the fact that mens rea is used in a number of different sense can also create issues. What is the difference between actus reus and mens rea.
Mens rea actus reus the ontario justice education network. Actus reus and mens rea a level law aqa revision study. The following is a more accessble plain text extract of the pdf sample above. They appealed against their convictions on the grounds that the actus reus and mens rea of the crime did not coincide. As a general rule, someone who acted without mental fault is not liable in criminal law. This chapter completes our introduction to the basic elements of a crime by introducing you to criminal intent, concurrence, and causation. The standard common law test of criminal liability is expressed in the latin phrase actus reus non facit reum nisi mens sit rea, i.
Lecture 4 actus reus causation criminal law studocu. Importance of actus reus and mens rea under indian law explained. These are called strict liability offences and are of statutory creation see 4. This guilty mind, or mental element, is known as mens rea for the vast majority of offences, mens rea will be satisfied if the defendant can be shown to have intended their.
Actus non facit reum nisi mens sit rea further explains as to how mens rea is applicable in criminal law. The crown must prove both elements of the offence, the actus reus and the mens rea, beyond a reasonable doubt. Pdf mens rea, or guilty mind, marks a central distinguishing feature of criminal law. Mens rea intention recklessness and negligence notes. Mens rea and actus reus essentials of a crime ipleaders. Crime, actus reas and mens rea crime an act or omission, harmful to society, punishable by the state.
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