Elements of an Offence

The Elements of an Offence are the basic requirements that must be met before a 'crime' is considered to have taken place. The 2 basic requirements are generally referred to as the Actus Reus ("Guilty Act") and Mens Rea ("Guilty Mind"), both of which are considered terms of art. Classically, these requirements have been derived from Edward Coke 's statement actus non facit reum nisi mens sit rea, which means 'an act does not make a person guilty unless (their) mind is also guilty'.

Actus Reus
''This section only provides a brief, general description of the topic. For more information, please see the main article at Actus Reus.'' Actus Reus is the physical or conduct element of the crime. Omissions may constitute the actus reus if there is a legal duty to act imposed on a person. The omission is then an 'act' which constitutes a form of tangible conduct.

Mens Rea
''This section only provides a brief, general description of the topic. For more information, please see the main article at Mens Rea.'' Mens Rea is the 'fault' element of a crime. The primary types of fault are:
 * Intention
 * Knowledge
 * Rashness/Recklessness
 * Negligence

Motive and Intention
An accused's motive is separate and distinct from intention. However, motive can sometimes assist in proving intention. It should thus not be dismissed by a court.

Mohammed Ali bin Johari v PP - The motive can cast valuable and significant light on the intention of the accused. Even though 'intention' is to be distinguished from 'motive', the presence of motive may bolster the inference that an intention to commit the offence was existent.