What's the difference between mens rea and actus reus?

Mens rea and actus reus are two elements of a crime, as it would be explained in court. An academic, Wilson, described mens rea as a "mental attitude" - the psychological element of a crime - e.g. intending to kill someone. This is only relevant to some criminal law, as some 'crimes' are purely regulatory - e.g. serving alcohol to a drunk person - so don't require any knowledge or intent to do that act. Actus reus is sometimes explained as the physical element of a criminal act, for exmaple the act of stabbing someone. An actus reus is usually unspecified, as it's often fairly obvious - the actus reus of polluting a river would be the act of polluting a river - but is sometimes specified for technical purposes (so the courts understand exactly what the charge is).

However, the mens rea may be one of three elements, if it is required at all - it may be knowledge, intent, or recklessness. Intent is defined in cases such as Moloney and

EB
Answered by Emily B. Law tutor

4517 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

How do I answer scenario questions?


How do I decide whether the defense of intoxication can be used for any particular offence?


Discuss the criminal liability of Mike


Discuss the impact of the Criminal Justice Act 2003 on those required to attend jury service (11)


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:

© 2026 by IXL Learning