1.2 The elements of crime

Question 1

What is Actus Reus?

Answer 1

The physical act of the crime - the guilty act.

Actus Reus includes the act or omission that actually took place, was done by the accused person, and was voluntary.

Question 2

What are the important features of Actus Reus?

Answer 2

• The act or omission actually took place
• It was done by the accused person
• It was voluntary

These features highlight the essential elements required to establish the physical aspect of a crime.

Question 3

What does ‘Act of committing a crime’ require?

Answer 3

An accused to have actually committed the crime.

This emphasizes the necessity of proving that the defendant engaged in the criminal act.

Question 4

What is Mens Rea?

Answer 4

The guilty mind (Intent, Recklessness, Negligence).

Mens Rea refers to the mental state or intention behind committing a crime.

Question 5

What are the components that prove Mens Rea?

Answer 5

• Intention or specific desire to commit the act
• Recklessness
• Negligence

Each component illustrates different mental states that can support a finding of guilt.

Question 6

What does Recklessness mean in the context of Mens Rea?

Answer 6

The person could foresee the probability of harm but acted anyway.

Recklessness indicates a conscious disregard for a known risk.

Question 7

What does Negligence mean in the context of Mens Rea?

Answer 7

The person failed to exercise the degree of care, skill, or foresight that a reasonable person would have exercised in the same circumstances.

Negligence reflects a lack of reasonable care leading to harm.

Question 8

What does ‘guilty mind’ mean?

Answer 8

An accused actually had intention to commit a crime.

This term is crucial in determining the culpability of the accused.

Question 9

Give an example of Mens Rea.

Answer 9

Devising a plan to rob a bank.

This example illustrates the intention behind the criminal act.

Question 10

What is required in strict liability offenses?

Answer 10

Prosecution must prove that the accused was aware their actions were likely to result in a crime being committed.

Strict liability offenses do not require proof of Mens Rea.

Question 11

Fill in the blank: The important features of Actus Reus include that the act was done by the _______.

Answer 11

[accused person]

Question 12

True or False: Mens Rea refers only to the physical act of committing a crime.

Answer 12

False

Mens Rea pertains to the mental state or intention behind the act.