Actus Reus
The physical aspect of an offence (guilty act)
It must be voluntary
Mens Rea
(Guilty mind) it is the persons guilty knowledge or what’s in their mind when they carried out the actus reus
Includes intention, recklessness or criminal negligence
What are the three things that make up an offence
Actus Reus
Mens Rea
Suspect/Proximate
How can Mens rea be proven
Persons behaviour, act or omission at the time of the actus reus
Statements made by the person before or at the time of the actus reus
Any admissions made after the alleged offence