Crimes have elements, and these elements are always present regardless of what crime is committed. A crime consists of:
1. the actus reus (an external element also known as the guilty act or the prohibited conduct)
2. the mens rea (an internal element also known as the guilty mind)
Actus non facit reum nisi mens sit rea is a maxim which succinctly captures the whole essence of criminal law. It roughly translates to “an act is not guilty unless the mind is equally guilty”. There cannot be a crime if one element is missing.
Once it is established that both the internal and external element are present, one will then turn to the defences, specifically the lack thereof. The accused’s lawyers must show a proper defence to mitigate the charge against him. If none can be shown, the person can then be properly punished.
Source: Criminal Law, SS Production App.
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