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Start learning 50% faster. Sign in nowMens rea and Actus Reus are the essentials of any crime and are the principles used in most common law countries. Mens rea means ‘guilty mind’ or intention to commit a crime, with the intention of causing hurt to another person, animal, or with the express intention of disturbing the peace. On the other hand, Actus Reus, however, is the “guilty act”, which is a necessity in proving that a criminal act was committed. Mens rea is an essential part of deciding whether an act is culpable or not and which displays specific intent by the accused for the commission of the crime for which he is charged. Thus, an act may be voluntary or involuntary, and the guilt is determined by the facts of the case. Actus Reus is the physical aspect of a crime. The accused needs to have done something or omitted to do something, resulting in injury to the plaintiff, or the victim in civil cases. Without a guilty act, there can be no crime and no suit for damages can arise. An act alone does not make a crime, however, and both the intention of the person and the act itself, if such act is prohibited, combine to form the crime. Thus, the essential elements of a crime are: -the crime must be committed by a person, there must be hurt or injury caused to another, there must exist an Actus Reus, there must be a Mens rea to commit the crime, with certain exceptions.
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