Part I of the Core - Crime The nature of crime Is an act or omission that harms society and the individuals in it for which a punishment has been determined by the law and is enforced by the state. Any act punishable by the law A crime is an act or failure to act which break the law, causing harm and is punishable by law. Laws on crime change over time to reflect society's beliefs and values. . The elements of crime Mens Rea - guilty mind (often referred to as the mental element, but more accurately described as the fault element) requires someone to intend to commit a crime, and to have the mental capacity to have intent. For example, someone who plans to commit a robbery clearly meets the condition of intent. If the robber hits and kills a pedestrian with the car on the way to the robbery, however, the robber cannot be charged with murder because he or she did not intend to kill the pedestrian. The pedestrian is still dead, of course, and the robber will be liable for manslaughter. Categories: intention, recklessness and negligence Actus Reus - actual committing of crime (often referred to as the prohibited conduct, but more accurately described as the external elements of the offence) To borrow our robber example again, someone can intend to commit a robbery but never actually do it, in which case the robber is not guilty because no conduct occurred. Concurrence requires a connection to be present between intent and conduct. While concurrence is often defined as "at the same time," it is recognized that sometimes intent and conduct can occur at different points in time and someone can still be guilty. Causation - that the mens rea and Actus Reus of the accused led to the crime. Someone can intend to commit a crime and engage in criminal conduct, but not actually commit the crime at issue in the court. For instance, if an assassin fires a gun and misses, intent and conduct are present, but causation is not. If the would-be victim later drops dead, the assassin's bullet was not the cause. The elements of a criminal offense Most types of crime need to have 2 elements to be proved before it can be said that a criminal offense has occurred and that the person is criminally liable. These 2 elements are actus reus and mans rea. Actus Reus is the guilty act. This is the voluntary commission of an act that breaks the law. Important factors: the act actually took place, it was done by the accused, it was voluntary Mens rea is the guilty mind. The person must have committed the act with the intention to do so, recklessly or with gross negligence. Important factors: intention (specific desire), recklessness (person could foresee the probability or possibility of harm but acted anyway), negligence (means the person failed to exercise care, skill or foresight)
Strict liability - means that no mens rea