2011CriminalLaw3.pptVIP

Elements of An Offence Learning outcomes: By the end of this section, students should be able to: demonstrate an understanding of the constituent elements of the definition of a criminal offence know how to build a defence Analysis of Criminal Offences Every criminal offence is made up of a no. of elements Each of these elements must be proved beyond reasonable doubt before a D can be convicted of the offence he is charged with Analysis of Criminal Offences Traditionally criminal offences are analysed by reference to: actus reus; and mens rea Analysis of Criminal Offences Latin maxim: actus non facit reum, nisi mens sit rea (the act itself does not constitute guilt unless done with a guilty mind) crime = guilty act + guilty mind Analysis of Criminal Offences actus reus = “external” element of crime i.e. conduct, circumstances, consequence, e.g. shooting someone with a gun, using a forged diploma to apply for a job, accepting a bribe actus reus without mens rea ≠ crime Elements of Crime Example: A uses Bs hand as a weapon to kill C (B is unconscious - A uses Bs hand to push C over a cliff) Example: B lost control of his car knocked down A because B was attacked by a group of wild bees Question: is B guilty of murder? How to Define actus reus? Each crime must be looked at individually to determine what must be proved to establish its actus reus In common law crime, e.g. murder, the definition of its actus reus is to be found in the decisions of the courts In statutory crime, e.g. theft, the definition of its actus reus is to be found in the statute as interpreted judicially in decided cases mens rea mens rea = the “internal” element of a crime, it varies from offence to offence It must be proved at the time of committing the actus rea, the Defendant had the relevant criminal state of mind relevant to the particular offence In other words the actus rea must coincide with the mens rea How to Define mens rea? Each crime must be looked at individually to determine w