Tuesday, 19 March 2013

Act + Mens rea = Crime


Act + Mens rea = Crime
Act alone is never an offense; a mere act is never punishable under the law.
Act + Mens rea constitutes a crime.
Mens rea means intention to commit a crime or criminal guilt.
In law there is no such thing as example, only illustrations.
Legal definition of Mens rea:
As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and wilfulness.
A fundamental principle of Criminal law is that a crime consists of both a mental and a physical element. Mens rea, a person's awareness of the fact that his or her conduct is criminal, is the mental element, and actus reus, the act itself, is the physical element.


Intentions:
Where the consequences of some act are desired or foreseen, the act will be intentional and where the consequences of some act are neither desired not foreseen, the act will be unintentional.

Actus Reus:
The wrongful deed that comprises the physical components of a crime and that generally must be coupled with mens rea to establish criminal liability
Another principle of theoretical jurisprudence is that verbal evidence must in all the cases be direct and hearsay evidence is no evidence.
Evidence is the instrument in a court according to which cases are approved or rejected.

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