Actus Reus, Mens Rea and the structures of criminal liability

Question 1

What is Actus Reus?

Answer 1

1. The conduct made criminal by a statutory offence
2. A link is necessary between the person and the harm
3. 3 types:
   - Conduct - The conduct in itself is prohibited  Only requires conduct and fault, there is no need for a causal connection between the harm and the offender (since harm is not necessarily present)  Usually dealt with under strict liability offences (but prohibited in GR)
   - Result - A consequence is necessary
   - Circumstances - Certain qualities are necessary for liability

Question 2

What is Mens Rea?

Answer 2

1. In Civil law:
   - The mental or subjective element of a crime - Direct intent, indirect intent…
   - The kind of intent matters as it will reflect the degree of punishment
2. In Common law:
   - Descriptive sense - The different forms of intent necessary for a specific offence
   - Normative sense - The blameworthiness of the offender

Question 3

What is the bipartite system of criminal liability?

Answer 3

1. Actus Reus:
   - Was there an offence?
   - Was it unlawful? Justifications can apply
2. Mens Rea:
   - Was it intentional?
   - Was it blameworthy? Excuses can apply

Question 4

What is the criticism of the bipartite system of criminal liability?

Answer 4

1. It fails to account for the entire range of defences between justifications and excuses
2. It mixes between normative Mens Rea and descriptive Mens Rea

Question 5

What is the tripartite system of criminal liability?

Answer 5

1. Fulfilment of offence definition:
   - Actus Reus
   - Mens Rea
2. Wrongdoing  Here Justifications can apply
3. Blameworthiness  Here excuses can apply