Answers>Law>GCSE>Article

Distinguish the mens rea element of a crime from the actus reus element.

The mens rea requirement of a crime is the mental element part. For example, having the intention or knowledge of the wrongdoing. Differently, the actus reus element is the conduct part of the crime, for example, the action itself or the omission to act. In order to establish liability, it is always important to distinguish the actus reus and mens rea elements of an offence. This is important because generally, with the exception of strict liability crimes, you will not be liable if you act without mental fault. 

To explain these concepts, it will be helpful to use an example. I will use the offence of murder as my example here. The actus reus element for murder is the the 'killing' of the victim: the act that results in the death of an individual. The mens rea element is: the intent to kill or cause grievous bodily harm to that person. If I am ignorant that my act in throwing a stone in someone's direction, which then hits them on the head, will result in their death, I will not be liable for murder (though I may be for manslaughter) because the mens rea element required is missing. 

AP
Answered by Abi P. Law tutor

8259 Views

See similar Law GCSE tutors

Related Law GCSE answers

All answers ▸

A claimant must prove that a duty of care is owed using the three-part test set out in the case of Caparo v Dickman. Briefly explain the first part of the test.


Outline the process of a public bill becoming an Act


According to tort law, who is your neighbour ?


Give three advantages and disadvantages of of the legislative process


We're here to help

contact us iconContact ustelephone icon+44 (0) 203 773 6020
Facebook logoInstagram logoLinkedIn logo

MyTutor is part of the IXL family of brands:

© 2025 by IXL Learning