Actus reus and mens rea TEACHER NOTES

Actus reus and mens rea--TEACHER NOTES

Level year: Year 11

Curriculum context Legal Studies 2019 (General Senior Syllabus):

Unit 1: Beyond reasonable doubt, Topic 2: Criminal investigation process

Worksheet number: 1.2.3

Related worksheets Worksheet 1.2.1 Worksheet 1.2.2

Actus reus and mens rea are two essential common law principles in criminal law.

Learning objectives

Learners will: describe two key terms, actus reus and mens rea analyse and apply elements of offences to a range of criminal scenarios.

Focus question

What is actus reus and mens rea?

Key concepts

Actus reus Alleged Beyond a reasonable doubt Criminal act Criminal Code 1899 (Qld) Defendant Mens rea Mental state

Further links you may find helpful

Australian Law Reform Commission, A common law principle (.au/publication/traditional-rights-and-freedoms-encroachments-bycommonwealth-laws-ip-46/12-strict-and-absolute-liability/a-common-lawprinciple-2/)

ICLR, Mens rea and actus reus (iclr.co.uk/knowledge/glossary/mens-rea-andactus-reus/)

Robert Wilson (on FindLaw Australia), The general principle of criminal law (.au/articles/76/the-general-principle-of-criminal-law.aspx)

Mens rea and actus reus (worksheet 1.2.3)

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Actus reus and mens rea--STUDENT TEXT

Defining the key terms It is likely you have heard of actus reus and mens rea before in the media. These two terms are essential principles in criminal law.

Actus reus [Latin: a guilty act] The prohibited conduct or behaviour that the law seeks to prevent. Mens rea [Latin: a guilty mind] The state of mind that the prosecution must prove a defendant to have had at the time of committing a crime in order to secure a conviction.

From: Oxford Dictionary of Law (2018)

Putting these definitions together a prosecutor needs to show both that a defendant: has committed a physical act (which can also extend to include a failure to act as required by law) possessed the required mental state to be proven guilty of a criminal offence beyond a reasonable doubt.

For example, to be found guilty of murder a prosecutor must show that the defendant killed a person and that they intended to cause their death.1

Limitations Not all criminal offences have these two parts. Sometimes a prosecutor only needs to prove a physical act occurred. For example, if a defendant was charged with possessing dangerous drugs, a prosecutor would simply have to prove that the defendant was found to have dangerous drugs in their possession (and they didn't have a lawful excuse 2).

It it also important to mention that a defence can limit criminal liability. If a defendant charged with murder was found to have suffered a state of mental disease that affected their capacity to control their actions they may be held not criminally responsible for causing a person's death.3

1 Criminal Code 1899 (Qld), s302(1)(a). 2 Drugs Misuse Act 1986 (Qld), s9(1). 3 Criminal Code 1899 (Qld), s27.

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Learning activity

Getting started: locate legal information 1. Locate the Criminal Code 1899 (Qld). Not sure where to look? Visit the Queensland legislation website (legislation..au/).

Next, apply the legal information

Facts

Identify the criminal offence

Don takes a car from Sally's yard without her knowledge or permission. He drives it around the neighbourhood until it runs out of petrol, leaving it abandoned.

Samuel puts thumb tacks in packets of mixed salad leaves causing a product recall and the destruction of produce.

George calls his school and tells them there is a bomb in the grounds. The school goes into lock down, but the bomb squad discovers nothing.

Determine the actus rea (What would the prosecutor need to prove?)

Determine the mens rea (What would the prosecutor need to prove?)

And evaluate Recommend whether you believe mens rea should be included within every criminal offence. You are encouraged to consider the positive and negative implications of your recommendation.

Mens rea and actus reus (worksheet 1.2.3)

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