Element of Most crimes

Law
Tutor: None Selected Time limit: 1 Day

What are the two elements of most crimes?

Nov 23rd, 2014

Two basic and the most important elements of crime are 'mens rea' and 'actus reus'.

'Mens rea' translates as 'to have in mind” from Latin. It is an important element of any crime because it relates to the need to determine whether the defendant held the sufficient state of mind to have the intent to commit the particular crime in question with the ‘guilty mind’.- 1) According to the Hyam v DPP [1955] AC 55 case it relates to the idea that there is sufficient “criminal intention”. Sweet v. Parsley [1970] AC 132 case illustrates that mens rea is required when the offence is a true crime as oppose to a normative offence.

'Actus reus' translates as “to do an act” from Latin, i.e. the occurrence of the criminal act or an unlawful omission of an act. It is the act which, in combination with mens rea constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mens rea)

Hope this helps. :)

Please best my answer. Thank you.

Nov 23rd, 2014

Studypool's Notebank makes it easy to buy and sell old notes, study guides, reviews, etc.
Click to visit
The Notebank
...
Nov 23rd, 2014
...
Nov 23rd, 2014
Feb 20th, 2017
check_circle
Mark as Final Answer
check_circle
Unmark as Final Answer
check_circle
Final Answer

Secure Information

Content will be erased after question is completed.

check_circle
Final Answer