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Generally, in a criminal case, the prosecution must establish a guilty intention, as well as a guilty act. Explain and illustrate these two elements of a crime.
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Paper 1, June 1998, Question 9 Trina Soon Generally, in a criminal case, the prosecution must establish a guilty intention, as well as a guilty act. Explain and illustrate these two elements of a crime. (25m) A person cannot ordinarily be found guilty of a serious criminal offence unless two elements are present: the actus reus (guilty act) and the mens rea (guilty mind). A wrongful act on its own therefore cannot usually be criminal unless the wrongful state of mind required for that offence is present. Actus reus is the essential component of a crime that must be proved to secure a conviction, and includes any unlawful act or unlawful omission. Generally, one is not liable by omission, however there are several exceptions, when there is a failure to act under a duty to act. Duty to act can arise from a contract, as in R v. Pittwood, where...
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