The Element Of Criminal Liability

2494 WordsOct 24, 201410 Pages
Introduction Crime can be defined as an action or omission that can is constituted as an offence, going against the values of society and is an act which is punishable by law with either a fine, imprisonment or whatever punishment fits the nature of the crime. In this report there will be a discussion on the two element on criminal liability which are as followed Mens Rea (guilty mind) and Actus Reus (guilty act). Different components constitute these elements and are used to make up a crime. However there have been cases were the use of mens rea has very minimal effect and actus reus is the only element proven in the offence. For example; Rape even though it is considered a serious offence, there have been incidents were lack of consent was applicable to the crime as the person may have been induced to object to force, fear or fraud and the accused would have mentally believed that the victim had consent hence lacking the mens rea element and continuing the sexual penetration which is the actus reus component of the offence. This report will also cover the defences to mens rea (intoxication, mental impairment and infancy and also defences to actus reus (self-defence, consent, execution of the law and misadventure/ mere accident) as well as strict liability in reference to the elements required for a crime and a table identifying offence/s present in the given scenario. Mens Rea Mens Rea is what we refer to as the guilty mind. A conduct which has an intention as well as

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