the elements of crime: actus reus, mens rea, causation

Question 1

What are the three elements of a crime?

Answer 1

Actus Reus
Mens Rea
Causation -> link between actus and mens

Question 2

Define Actus Reus

Answer 2

Guilty act -> physical act of committing a crime

Question 3

Why is actus reus the easiest element to prove?

Answer 3

Evidence such as:
Witness testimony
Forensic evidence

Question 4

Actus reus has ti be what?

Answer 4

Has to be a voluntary act but can also be failure to act -> Happens in criminal negligence cases

Question 5

Define Mens Rea

Answer 5

Guilty mind -> the accused intended to commit the crime

Question 6

What must the prosectution prove for mens rea?

Answer 6

Prosecution must prove the accused intended to achieve the outcome OR they were aware their actions would be committing a crime even if the outcome was not exactly what was intended

Question 7

What are the three levels of mens rea?

Answer 7

Intention
Recklessness
Criminal Negligance

Question 8

Define intention

Answer 8

Clear that the accused intended to be malicious or wilfully committed the crime

Question 9

What is intention difficult to prove?

Answer 9

People don’t often admit that they intended to commit a crime

Question 10

Define Recklessness

Answer 10

The accused knew their act could lead to a crime being committed but did it anyway

Question 11

Define Criminal Negligence

Answer 11

The accused fails to foresee the risk and therefore allows an avoidable danger to occur

Question 12

Define Causation

Answer 12

Proving there is sufficient connection between the action of the accused and the resulting crime that has been committed