Actus Reus and Mens Rea

The Elements of Crime Each crime is made up of 2 parts: the physical part called the actus reus (Latin for "guilty act") and the mental part called the mens rea (Latin for "guilty mind") Actus Reus + Mens Rea = Crime

These 2 elements must exist at the same time to commit a crime These 2 elements must exist at the same time to commit a crime. (If I desire to run you over with my car today - mens rea - and then do it accidentally tomorrow - actus reus - criminal liability does not result)

The Physical Element: Actus Reus The Actus Reus can involve: A wrongful action ex. Break and Enter A failure to act or an omission (must be voluntary or done by choice) ex. failure to provide your child with necessities A state of being ex. being in possession of stolen property or of illegal drugs. Being in possession of break-in instruments under certain circumstances

The Mental Element: Mens Rea We do not punish people who are not mentally responsible for their actions Two kinds of mental states will make a person mentally responsible ( so that mens rea exists): 1. Intent or Knowledge 2. Recklessness or Wilful Blindness

Intent Intent refers to the accused's state of mind: did he/she desire to carry out a certain action and could he/she foresee the results of the action. Whether or not someone had intent is based on the facts, and on what a reasonable person would be thinking in the circumstances.

The intent required to commit an offence can be either general intent or specific intent. The wording of an offence in the Criminal Code tells you the level of intent required to be found guilty. Some offences require general intent and others require specific intent.