⇒ This is the mental element of a crime. Different crimes have different mens rea.

⇒ The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, i.e. "the act is not culpable unless the mind is guilty"

⇒ As a general rule, someone who acted without mental fault is not liable in criminal law. Exceptions are known as strict liability crimes.

⇒ There are different kinds of mens rea, including intention, recklessness, negligence, and knowledge. However, it should be noted that these are not the only kinds of mens rea e.g. dishonesty is the mens rea of certain offences.

⇒ As a general rule, intention is seen as the worst kind of mens rea, recklessness the second worst, and negligence the least serious.