ELEMENTS OF CRIME Flashcards
(9 cards)
Two elements of a crime
Actus Reus and Mens Rea
Latin maxim for crime
Actus non facitreum, nisi mens sit rea - an act does not make a person guilty of committing an offence unless the act is accompanied by a guilty mind
Definition of Actus Reus
A guilty act/criminal conduct. An act can be defined as bodily movement. - A person has done something which is prohibited by law
Section of Penal Code for Actus Reus
Section 43 & 32
Meaning of omission
Failure of a person to perform a duty imposed by law on him. Thus, it will be illegal for him to omit the legal duty
Case Law of Actus Reus
Rahanny Rojela v. Public Prosecutor
Facts of Rahanny Rojela
The accused was charged under section 302 of the Penal Code for stabbing the deceased to death. The Court of Appeal agreed that the accused was guilty of murder because the elements of offence were successfully proven.
Definition of Mens Rea
A guilty mind/blameworthy mind. The mental element necessary for a crime. Contains the word;
Intention, knowledge, reckless, malicious
Case Law of Mens Rea
Norol Rojik Jun - The accused were charged under Section 302 of the Penal Code for committing murder of his neighbour. The accused and his in-laws were a chief tenant, and the deceased was a renter of the building. The two families had strained relationship due to the deceased inconsistency in monthly payments. A disagreement resulted in the accused family to vacate the premise. Then, the accused forced his way into the deceased room armed with a “parang” and attacked the deceased and his wife in their bad. The accused was subsequently found guilty.
The accused appealed on the ground that he had no intention to kill the deceased.
The court held that the seriousness of the injury and the type of weapon used intended to kill the victim
