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Understanding Crime: Actus Reus and Mens Rea in Criminal Law

In criminal law, establishing guilt requires proving two key elements: actus reus and mens rea. Actus reus refers to the wrongful act or failure to act that is prohibited by law. It must manifest as a voluntary, external action. Mens rea involves the internal aspect of a crime, reflecting the accused's criminal intention or "guilty mind," which can be demonstrated through general or specific intent. Understanding these concepts is crucial for comprehending how the legal system determines culpability for crimes.

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Understanding Crime: Actus Reus and Mens Rea in Criminal Law

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  1. Math Lesson - Algebra To find someone guilty of an offence, the Crown must prove that a criminal act occurred—the actusreus(external, voluntary act meaning “wrongful deed”) AND that the accused had a criminal intention — the mensrea(internal act meaning “guilty mind”)

  2. Elements of a Crime Actusreus • Wrongful deed that is prohibited by law. Must be • Action/failure to act present at the same Mensrea • A guilty mind • Intent • True purpose of the act • General (limited to the act, no further criminal purpose) • Specific (further criminal purpose)

  3. Mensrea (cont’d) • Knowledge • Need not prove an intent… • Recklessness • Careless disregard, even if intent to harm not present.

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