Elements of crime

• Actus reus refers to the act or omission of the crime
• Actus reus can be proved by a witness or physical evidence
• Actus reus must be a voluntary act and can include an omission or failure to act
• s43A of the Crimes Act 1900 (NSW) states failure of persons with parental responsibility to care for a child
• Mens rea is the mental component of the crime
• Mens rea is proved beyond reasonable doubt that the accused has the guilty mind
• Types of Mens rea:

  • Intention: clear, malicious, and willful intention to do something
  • Recklessness: individual is aware of their actions leading to a crime but does it anyways
  • Criminal negligence: accused fails to foresee the risk they should have
• Three main levels of Mens rea:

  • Intention: clear, malicious, or willful intention to commit the crime
  • Recklessness: accused was aware that their action will lead to a crime, but they choose to take that risk anyways
  • Criminal negligence: accused fails to foresee the risk where they should have, resulting in harm or death
• Strict liability offences do not require proof of mens rea, only actus rea
• Examples of strict liability offences:

  • Selling cigarettes to individuals under 18
  • Speeding
  • Traffic offences
• Strict liability offences lower the level of proof required for a criminal conviction
• Penalties for strict liability offences can lead to loss of license and significant consequences
• Causation is the link between the accused's actions and the crime
• R v Blaue case illustrates causation in a criminal case
• The "But For" test is used to determine causation, asking if the criminal act would have happened but for the accused's actions