What is the difference between actus reus and mens rea?

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homousandfalafel
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#1
Report Thread starter 11 years ago
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Can someone please tell me the difference between Actus reus and Mens rea In Law ? I can't seem to figure it out... and i have a Law exam soon
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ben..brown
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If you have a Criminal Law exam soon and you can't figure out the difference between Actus Reus and Mens rea, you've got some serious cramming to do.

For a GCSE/ALevel exam, here's a VERY BRIEF summaryt:

  • Actus Reus is the physical element of a crime. It can be in the form of an act, an omission or a state of affairs. It's the actual conduct which caused the crime. (Such as for a battery; the actus reus is the unlawful application of force (touching).
  • Mens Rea is the mental element of a crime. It's what goes on inside the defendants mind. It can be in the form of direct intention, indirect (oblique) intention or recklessness. (Eg. the mens rea of a battery is is intention or recklessness).


Both are required for a crime, (apart from Strict Liability of fences where no mens rea is required).

Get your book open and learn the cases to go with.

Good luck for the exam.
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homousandfalafel
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#3
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(Original post by ben..brown)
If you have a Criminal Law exam soon and you can't figure out the difference between Actus Reus and Mens rea, you've got some serious cramming to do.

For a GCSE/ALevel exam, here's a VERY BRIEF summaryt:

  • Actus Reus is the physical element of a crime. It can be in the form of an act, an omission or a state of affairs. It's the actual conduct which caused the crime. (Such as for a battery; the actus reus is the unlawful application of force (touching).
  • Mens Rea is the mental element of a crime. It's what goes on inside the defendants mind. It can be in the form of direct intention, indirect (oblique) intention or recklessness. (Eg. the mens rea of a battery is is intention or recklessness).


Both are required for a crime, (apart from Strict Liability of fences where no mens rea is required).

Get your book open and learn the cases to go with.

Good luck for the exam.

Thankyou, I appreciate it !
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Ernesaks
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#4
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(Original post by homousandfalafel)
Can someone please tell me the difference between Actus reus and Mens rea In Law ? I can't seem to figure it out... and i have a Law exam soon
In very brief words: the objective element and the subjective one
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new1234
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#5
Report 5 years ago
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(Original post by homousandfalafel)
Can someone please tell me the difference between Actus reus and Mens rea In Law ? I can't seem to figure it out... and i have a Law exam soon
Actus reus is latin for "guilty act" and mens rea is latin for "guilty mind".
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