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In order for an individual to be found guilty of a crime, the prosecution, in the majority of cases, have to prove two elements, the 'actus reus' and the 'mens rea'.
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In order for an individual to be found guilty of a crime, the prosecution, in the majority of cases, have to prove two elements, the 'actus reus' and the 'mens rea'. 'Actus reus' means the guilty act; 'mens rea' means the guilty mind or intention. There are some crimes where the actus reus alone is enough to convict someone without proving the element of intention. These are called crimes of strict liability. An example of a strict liability crime can be seen in Winzar v. Chief Constable for Kent (1983), where police were called to a drunken man in a casualty department. They took the man to their car outside where he was arrested for being drunk on a public highway. The court held that the offence did not require any mens rea and the defendant was found guilty. He had been drunk on a highway and the act of...
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