Intent

Question 1

Actus reus

Answer 1

Actus reus is the conduct requirement for a crime. Actus reus refers to the physical action of a crime which the offender carries out at the time of the offence.
Voluntary acts that satisfy this requirement include positive conduct, fail of required or reasonably expected conduct, and possessions of criminally proscribed objects.
The definition of a voluntary act is construed broadly to include any exercise of will; for example, an individual acting under threats or pressure is still considered to be acting voluntarily (although this may constitute an affirmative defence of duress).

Question 2

Men’s rea

Answer 2

Mens rea refers to the intent and understanding of the criminal at the time of the crime being reckless.

Question 3

What determines the culpability of a criminal

Answer 3

Actus Reus and Mens Rea are used to determine a defendant’s responsibility in committing a crime. How actus reus and mens rea interact help determine the culpability of a criminal

Question 4

To obtain a criminal conviction what elements must the prosecution prove

Answer 4

actus reus and mens rea
both must be proven with evidence beyond a reasonable doubt by the prosecution at trial