Law – 2 Criminal law | e-Consult
2 Criminal law (1 questions)
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The distinction lies in the physical versus mental components of a crime. Actus reus refers to the external element – the conduct, result, or omission that the law forbids. Mens rea refers to the internal element – the defendant’s state of mind, such as intention, knowledge, recklessness, or negligence.
Example: A person accidentally knocks over a vase in a museum, causing it to break. The act of breaking the vase (actus reus) is complete, but the person lacked any intention or recklessness to damage property (mens rea). Consequently, the conduct does not constitute the offence of criminal damage, which requires at least recklessness.