The elements of crime

Abstract

Apart from those offences that are defined to exclude such considerations, the commission of a crime is normally understood to involve the presence of mens rea on the part of the actor. And the corresponding maxim actus non facit reum nisi mens sit rea is a well-established one. A crime is thus taken, standardly at least, to be comprised of two main elements: the acrus reus or guilty act, comprising all the physical or material ingredients of the crime; and the mens rea or guilty mind, comprising all the mental ones. Within this traditional dichotomy, the actus reus is seen as an event occurring in space and time and, as such, open to observation and verification. Although brought about by the actor and hence ascribable to him it is not in any sense part of him. The element of mens rea, however, while also accepted as existing in space and time, is not observable and is, hence, unverifiable. And, although it ·must be imputed to the actor, it is internal to him and thus an aspect of him. On the above account, then, a crime consists in two separate elements linked through the actor - a guilty act perpetrated by him and a guilty mind with respect to it on his part. This account is, however, too simplistic by far and highly misleading in consequence.