2.3 key concepts of criminal law

• elements of a crime

  a general principle of law states that there is no guilty act without guilty mind
• actus rues

  guilty mind
• actus reus refers to the physical element of a crime
• actus reus is the action (or inaction/ omission) that a person needs to engage in to be found guilty of an offence
• mens rea

  guilty mind
• mens rea refers to the mental element of a crime
• mens rea is the persons state of mind when they engage in the action
• the mens rea is often expressed through words such as: knowingly, intentionally
• for each crime, there will be a number of elements that make up the mens rea and actus reus
• the elements of a crime need to be proven in order for the particular offence to be established or proven
• the prosecution needs to prove all of elements of the crime beyond reasonable doubt
• many defences raised by an accused person are made of the basis that there was no guilty mind (intent)
• strict liability crimes have no mental element (no mens rea), only the guilty act (actus reus) needs to be proven
• it is not necessary to prove that you intended to commit the offence
• many strict liability crimes are summary offences
• for some strict liability crimes, the accused may argue, in their defence, that the crime was committed due to a reasonable and honest mistake
• A person under 10 years of age cannot be charged with a crime. 
• A person aged between 10 and 13 years will be charged with a crime only if the prosecution can prove that the child knew, at the time of the crime, that his or her actions were wrong. 
• doli incapax


  The court will look at the child’s age, upbringing and prior criminal history.
• • A person aged 14 years or older are criminally liable (responsible) for their actions.​
• burden of proof


  rests with the party that has the responsibility to prove the facts of the case. 
• burden of proof

  upholds the presumption of innocence as it is not the responsibility of the accused to prove their innocence
• an accused person does not need to do or say anything in his/her defence, and a person’s silence is not to be taken as an admission of guilt
• the standard of proof 


  refers to the amount of evidence needed to prove a legal case (either the guilt of the accused in a criminal case OR the liability of the defendant in a civil case). ​
• standard of proof


  In a criminal case, the prosecution must prove the case beyond a reasonable doubt.