Strathmore University Law School – Elements of Crime (Actus Reus, Mens Rea, Strict Liability)

Vocabulary flashcards covering Actus Reus, Mens Rea, omissions, possession, strict liability, and related case law from the lecture notes.

Actus Reus

The physical elements of a crime—the doing part; includes conduct, circumstances, consequences, and causation; and must be voluntary (an act or omission).

Conduct

The physical behavior of the accused as a component of Actus Reus.

Circumstances

The context or conditions under which conduct occurs, a component of Actus Reus.

Consequences

The outcome or result of conduct, a component of Actus Reus.

Causation

Harm caused by the act/omission must be traceable to the offender.

Voluntary Act or Omission

Actus Reus requires a voluntary act or omission; involuntary actions do not satisfy the actus reus.

Commission

The carrying out of a positive action or conduct; manifestation of Actus Reus (e.g., abetting, damaging, forging).

Omission

Failure to act when there is a legal duty to do so; can incur liability.

Statutory Duties

Duties imposed by statute requiring action.

Contractual Duties

Duties arising from agreements or contracts.

Special Relationships

Duties arising from relationships such as parent-child or doctor-patient.

Assumed Duties

Duties arising when someone voluntarily assumes a duty of care.

Events or States of Affairs

Crimes defined by the existence of particular circumstances or states rather than actions.

Possession Crimes

Crimes based on mere possession; proof requires custody and control, not mere physical possession.

Actual Possession

Physical custody of the item in question.

Constructive Possession

Power of control over an item, even without physical hold.

Status Offenses

Crimes defined by being in a certain status or situation.

Mens Rea

Defendant's state of mind at the time of the actus reus; determines culpability and levels of liability.

Direct Intention

The specific aim or objective to bring about a particular consequence.

Oblique Intention

Consequence not the primary aim but foreseen as virtually certain.

Recklessness

Awareness of a substantial risk and unjustifiably taking it; acts with rashness.

Negligence

Failure to foresee consequences a reasonable person would have anticipated; judged by reasonableness.

Knowledge

Knowledge of circumstances required for certain offenses; can be actual, constructive, or second-degree.

Actual Knowledge

Direct knowledge of facts or circumstances.

Constructive Knowledge

Knowledge one ought to have; knowledge inferred from circumstances.

Second-Degree Knowledge

Shuts eyes to obvious means of knowledge; awareness is limited.

Strict Liability

Offences that do not require mens rea; conviction based on actus reus alone.

Presumption of Mens Rea

In general, mens rea is presumed unless the statute dispenses with it.

Actus non facit reum nisi mens sit rea

Latin for: the act does not make one guilty unless the mind is guilty; need both actus reus and mens rea.

Emma d/o Mwaluko v Republic

Case stating that in a criminal charge, actus reus and mens rea must be proved.

Okwisia v Republic

Recklessness example: driving a lorry without lights deemed deliberate misconduct or recklessness.

Section 261 of the Penal Code

Statutory provision illustrating that knowledge is required for certain offenses (e.g., possession or prohibiting items).

Alli s/o Mzee v R

Case illustrating knowledge is required for offenses involving permitting prohibited items.