What is the difference between the actus reus and the mens rea?

The actus reus and mens rea refer to the two components of a crime - they're both Latin terms which roughly translate into "the guilty act" and "the guilty mind" - it's much more accurate to describe the actus reus as the physical element of a crime (including state of affairs and omissions offences) , and the mens rea as the mental element or the "internal" element of a crime. If you find it difficult to identify these two components in a crime, try to find anything which relates to the mental state of the defendant (thereby identifying the mens rea) and whatever is left over will be the actus reus. As a fairly simple example the offence of murder is defined by common law as "the unlawful killing of a reasonable person in being under the King or Queen's peace with malice aforethought express or implied" - we can see that "malice aforethought express or implied" is the mens rea as "malice" is a state of mind. In an exam you would expand on 'express or implied' by mentioning that recklessness or intent to cause GBH is sufficient as the mens rea for murder. The actus reus must therefore be the elements "unlawful killing" and "under the Queen's peace".

Answered by Jordan L. Law tutor

3585 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

How do you answer the scenario questions in order to access all the available marks?


How will I help you achieve highly in law?


Briefly outline what prerogative powers are


What is meant by the doctrine of Parliamentary sovereignty (supremacy)?


We're here to help

contact us iconContact usWhatsapp logoMessage us on Whatsapptelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo
Cookie Preferences