Elements of Crime

Question	Answer
actus reus	the guilty act; the accused committed the crime
mens rea	the guilty mind; the accused intended to commit the crime
causation	there is a sufficient causal link between the actions of the accused and the result of the crime
mens rea: intention	a clear, malicious intent to commit the crime
mens rea: recklessness	the accused was aware that their actions could lead to a crime being committed but chose to take the risk anyway
mens rea: criminal negligience	the accused failed to foresee the risk and therefore allowed a crime to take place
in which offences does mens rea not need to be proven?	strict liability offences
what are some examples of strict liability offences?	driving offences (eg. speeding, drunk driving), and breaches of regulations (eg. making a fire whilst a fire ban's in place
R v Munter [2009] NSW	Todd Munter punched Ken Proctor over a dispute, and Proctor later died of a heart attack as a result of injuries inflicted. Although Munter did not intend to kill Proctor, he was charged with manslaughter as there was a sufficient causal link between the assault and Proctor's death.

Resource summary

	Created by crystal.elizabet about 10 years ago