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

4200 Views

See similar Law A Level tutors

Related Law A Level answers

All answers ▸

The law on the non-fatal offences against the person has been subjected to frequent criticism but little reform has been attempted. Evaluate the current law and suggest what reforms may be desirable.


What are the elements to the crime of Theft


What are the best ways to remember cases?


How would you approach a problem question on murder?


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