What constitutes a criminal offence?

A criminal offence is made up of two parts: The Actus Reus and the Mens Rea. The Actus Reus (AR) is the physical part of the crime, the act as such. For example, the application of unlawful force is the Actus Reus of a Battery within common assault, meaning that if I unlawful touch someone, for example a punch within a fight, this constitutes the AR element of an offence. The Mens Rea (MR) on the other hand is the mental element of the crime, what you were thinking and intended while carrying out the act. The literal translation of Mens Rea is Guilty Mind. To continue with the common assault example, the MR required for Battery is 'recklessness or intention' as to the application of the unlawful force. Within the fight example if the punch was deliberate, or was at least reckless, then this would make up the offence of Battery.

Answered by Alex F. Law tutor

2286 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

What is the difference between Actus Reus and Mens Rea?


What is the Literal rule?


What is the doctrine of precedent? / What are its advantages and disadvantages?


The offence of murder is out-dated and is urgently in need of reform. To what extent do you agree?


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