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What is the difference between actus reus and mens rea?

To be guilty of a criminal offence in most cases two things must be present: the actus reus and mens rea.
What are these two things?

The Acts Reus is a Latin expression that refers to the physical act of the offence. For instance, the actus reus of shoplifting is the taking of the item (without permission) from the store.
The actus reus of murder is the plunging of the knife into the victim's chest.

Mens Rea is different.

This Latin expression deals with a person's intention. From the examples above the mens rea of shoplifting is the intention to take the item from the store when you know that you have no permission to take it. The mens rea of assault is the intention to strike the victim.

For most criminal offences to be proven 2 things must be present: the intention to commit the offence coupled with the physical act.

If I intend to assault someone but don’t succeed, I'm still guilty of assault. In fact, if I pretend to assault someone (but don’t even intend to assault them) but the victim thinks that I will assault them, I’m guilty of assault.

Murder is another common example here. John may intend to shoot Joe dead, but if John shoots Joe and doesn't kill him, he is not guilty of murder, but he might be guilty of attempted murder.

Similarly, if I physically take an item from a shop but did not intend to take the item without permission, I am not guilty of theft.

A good example is where a parent goes shopping with their toddler. What if the toddler, without knowledge of the parent, places a bag of sweets into their mother's handbag without the mother knowing?
Is the unsuspecting mother guilty of theft?

If the mother leaves the store with the packet of sweets in her handbag the actus reus (physical act) of theft has been committed, but the mens rea (the intention) has not.

In these circumstances the offence of theft has not been made out.






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