THE ELEMENTS OF CRIMINAL LIABILITY

• Actus reus - the physical element of the crime - what the defendant has or has not done
• Mens Rea - the mental element of the crime - what the defendant is intending, thinking or failing to think about when the crime is committed
• Some crimes have a specific mens rea e.g. in theft

  • for actus reus - the defendant must apropriate property belonging to another
  • for mens rea - do this dishonestly and intend to permanently deprive the other of it
• Crime of a strict liability - a crime that can be committed by proof of actus reus alone e.g. a driving offence such as exceeding the speed limit