To be found guilty of a crime, the prosecution must prove that there was a physical action, actus reus, and a state of mind to commit a crime, known as mens rea. To be found guilty of a crime, the prosecution must prove that there was a physical action, actus reus, and a state of mind to commit a crime, known as mens rea. This result is the same as that which results from a lack of actus reus because, as noted above, both mens rea and actus reus are elements of the crime that must be proven beyond a reasonable doubt, and if they cannot be proven the defendant will be exonerated of the charged crime. Different offences will require the accused to have satisfied different levels of mens rea standards before they are deemed guilty of that offence. To commit a criminal offence of ordinary liability (as opposed to strict liability) the prosecution must show both the actus reus (guilty act) and mens rea (guilty mind). Mens rea is concerned with what the defendant was thinking at the time he committed the actus reus.Different crimes have different mens rea requirements.. A defendant. Mens rea displays specific intent by the accused for the commission of the crime for which he is charged. Amplifying this thought L6vitt adds that St. Augustine taught that good works become compensation for an injury done to God. Mens rea translates to guilty mind, it refers to the mental element of a crime.Mens rea must be proved alongside actus reus for a defendant (D) to be guilty of an offence. This was set out in Woolmington v DPP. b) When it is difficult to prove Mens Rea - Another exception to the doctrine Mens rea is where it is difficult to prove mens rea and penalties are petty fines A statute may do away with the necessity of Mens rea on the basis of expediency. Whenever mens rea is required, the prosecution must prove that it existed at the same time as actus reus of the crime (coincidence of actus reus and mens rea: R v Le Brun [1992] QB 61). Mens Rea. Mens rea means 'guilty mind', and refers to the mental element of an offence. To be guilty of a crime, an accused needs to have satisfied this mental element requirement, or the mens rea standard. MENS REA 631 Augustine and Theodore of Tarsus led to the definite acceptance of the doctrine of mens rea as a part of our criminal law." This mental state is generally referred to as "mens rea," Latin for "guilty mind." liability. Mens Rea vs Actus Reus Those of us well-versed in the field of criminal law have no difficulty in distinguishing the terms Mens Rea and Actus Reus and identifying the different between them. Mens rea is an essential part of deciding whether an act is culpable or not. Some crimes require no mens rea; these are known as crimes of strict. In the legal system's eyes, people who intentionally engage in the behavior prohibited by a law are morally blameworthy. In other words they are the 'bot' of the Anglo-Saxon law as applied by the Church For those not so acquainted, they probably appear as some Latin terms that don’t really make much sense. Mens rea in criminal law is concerned with the state of mind of the defendant.Most true crimes will require proof of mens rea.Where mens rea is not required the offence is one of strict liability. On the other hand, if evidence shows the death to be accidental and unavoidable, the suspect must be declared innocent … There are three main levels of mens rea: intention, recklessness and negligence. A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In such petty cases, speedy disposal of cases is necessary and the proving of mens rea is not easy. In order to receive a conviction, the lawyer must prove that the accused party had some intention or willingness to end the life of another person. The mens rea requirement for a crime is usually represented in the relevant criminal statute by one of the following terms: intent, purpose, knowledge, recklessness, or … Chapter Overview: In conjunction with actus reus, a crime requires a criminal intent, or mens rea.This stems from the belief that a person should only be criminally punished for a crime if they can be held 1697 GUILT WITHOUT MENS REA: HOW FLORIDA’S ELIMINATION OF MENS REA FOR DRUG POSSESSION IS CONSTITUTIONAL Marc B. Hernandez∗ Abstract The Florida Comprehensive Drug Abuse Prevention and Control Act is almost unique among criminal drug statutes in the United States. The most serious criminal offences require the Crown to prove both the actus reus and the mens rea.However, there are thousands of federal and provincial offences that do not require the Crown to prove mens rea of an offence. cannot plead ignorance of the law, nor is a good motive a defence. Offences Without Mens Rea. Mens rea, or guilty mind, is the requirement that a defendant possess a particular state of mind at the time the crime is committed. Mens rea and actus reus. Mens rea is concerned with what the defendant was thinking at the time he committed the actus reus. Any expressions of opinion are those of the author. Mens Rea.