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The Elements of Criminal Liability

ACTUS REUS & MENS REA

"Actus non facit reum nisi mens sit rea", or "an act does not make a man guilty unless his mind be also guilty (Burgess, 2004, p.8)." In criminal law, for an individual to commit a crime, there must be present two elements. They are:
• Actus Reus (meaning guilty act – or omission); and
• Mens Rea (meaning guilty mind).

Actus Reus is the guilty act or omission in the commissioning of a crime. In short, it is what the offender does or doesn't do which results in a crime taking place. Mens Rea is the guilty mind behind the crime. It is what tells the offender that what they are doing or not doing is wrong but they do it regardless. An act can be described as an action carried out by the offender in order to commit the crime. On the other hand, an omission is the opposite, where an offender neglects to take action to prevent a crime. To omit something is to leave it out, failure to act (Halsey, 1986, p. 704). For......

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Approximate Word Count: 2395
Approximate Pages: 10 (250 words per double-spaced page)

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