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Elements of Crime

Elements of Crime. For an offender to be convicted of a criminal offence, at common law the prosecution usually must prove: Actus reus Mens rea causation. actus reus. Performed that actual offence The important features of actus reus are: That the act or omission actually took place

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Elements of Crime

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  1. Elements of Crime

  2. For an offender to be convicted of a criminal offence, at common law the prosecution usually must prove: • Actus reus • Mens rea • causation

  3. actus reus • Performed that actual offence • The important features of actus reus are: • That the act or omission actually took place • That it was done by the accused person • Voluntary action

  4. mens rea • Intended to commit the offence • The definition shows that the mens rea must have been committed by a person with one of the following states of mind: • The intention or specific desire to commit the act or omit the duty • Recklessness: the person could foresee the probability of harm, but acted anyway • Negligence: the person failed to exercise the degree of care, skill or foresight that a reasonable person would have exercised in the same circumstances

  5. If a person is reckless or negligent there is an assumption of mens rea (intent).

  6. In most crimes both actus reus and mens rea must be proved for the offender to be guilty of the offence

  7. Except??? • In strict liability cases: Strict liability means that no mens rea needs to be proved. Many traffic offences are examples. • Eg. If you speed, it only needs to be proved that you broke the speed limit – your state of mind at the time does not matter.

  8. Causation • The prosecution must show that there is a link between the act and the crime committed as well as proving that the act had taken place. The act must be at least the substantial cause of the crime

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