Actus Reus Non Facit Reum Nisi Mens Sit Rea
In criminal law, we must always remember- actus reus non facit reum nisi mend sit rea That’s Latin to me-what does it mean? It means a person cannot be held guilty just because he committed the act (actus reus). He can only be held guilty if he had the guilty mind (mens rea). For example, if someone accidentally take’s another man’s umbrella thinking it was his all along, then this act is not theft. Why you may ask? Because he had no dishonest intention. Ah, so both the physical act and the mental intention must go together. Exactly, so if there is either missing, no crime is made out. Though it comes with the exception of offences involving strict liability like traffic offences. And of course, our famous inchoate offences. That is the [Read More]