Elements of a Crime Assignment: Institute of Legal Secretaries

This assignment delves into the fundamental elements of a crime, focusing on actus reus and mens rea. Actus reus, the external element, encompasses the prohibited act, omission, or state of affairs, as demonstrated in cases like R v Pittwood (1902) and R v Larsonneur (1933). Mens rea, the mental element, is categorized into intention, recklessness (as seen in R v Cunningham (1957)), and negligence. The assignment highlights the importance of establishing both elements for criminal liability, while also acknowledging crimes of strict liability that do not require mens rea. The provided references support the discussion with legal precedents and scholarly sources, offering a comprehensive understanding of the subject.

Elements of A Crime
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For one to be deemed culpable of a criminal act or liability, two essential elements must be
satisfied. This principle is under the Latin maxim, actus non facit reum nisi mens sit rea
(Gupta, 2020). Firstly, the act, omission or state of affairs that is prohibited must be proven.
This is referred to as the actus reus. Secondly, the mental aspect of the crime, the mens rea,
which involves intent or recklessness must also be proven.
According to Smith and Hogan (2002) Actus reus is defined as “all the elements in the
definition of the crime except the accused’s mental element”. It is the external exhibition of
the wrongdoing. The act of an individual may be criminal, as is the case in theft. An
ommission also fits an actus reus of a crime. An example is failing to fulifil one' s contractual
obligation as was the case in R v Pittwood (1902). A certain state of affairs may also meet the
threshold of an actus reus as was in R v Larsonneur (1933).
Mens rea is categorized into 3 levels: intention, recklessness and negligence. Intention occurs
when one conciously makes an effort to commit a crime. Recklessness is the taking of an
unjustified risk as was the case in R v Cunningham (1957). Negligence concerns itself with
situations in which one owed a duty of care, and as a result of breach of that duty, a criminal
act occured. It is however important to note that there are crimes of strict liability that do not
necessitate mens rea to be established.

References
Gupta, K., 2020. Actus Non Facit Reum Nisi Mens Sit Rea - Legal Maxim - Law Times
Journal. [online] Law Times Journal. Available at: <http://lawtimesjournal.in/actus-non-
facit-reum-nisi-mens-sit-rea/> [Accessed 21 April 2020].
R v Cunningham [1957] 2 QB 396
R v Larsonneur [1933] 24 Cr App R 74
R v Pittwood [1902] TLR 37
Smith, J. and Hogan, B., 2002. Criminal Law. London: Butterworths