⇒ A person cannot usually be found guilty of a criminal offence unless two elements are present: an actus reus, Latin for guilty act; and mens rea, Latin for guilty mind.

⇒ To be guilty of an offence, an accused must not only have behaved in a particular way, but must also usually have had a particular mental attitude to that behaviour.

⇒The exception to this rule is a small group of offences known as crimes of strict liability.

⇒ The definition of a particular crime, either in statute or under common law, will contain the required actus reus and mens rea for the offence. The prosecution has to prove both of these elements so that the magistrates or jury are satisfied beyond reasonable doubt of their existence.

⇒ If this is not done, the person will be acquitted, as in English law all persons are presumed innocent until proven guilty

• Woolmington v DPP (1935) is a landmark case where the presumption of innocence was first articulated in the Commonwealth.

⇒ The >actus reus of an offence tells us what we can and cannot do. For example, killing someone would be the actus reus of murder.

⇒ An actus reus can consist of more than just an act, it comprises all the elements of the offence other than the state of mind of the defendant. Depending on the offence, this may include the circumstances in which it was committed, and/or the consequences of what was done.

• For example, the crime of rape requires unlawful sexual intercourse by a man with a person without their consent. The lack of consent is a surrounding circumstance which exists independently of the accused’s act.