Actus reus

Actus reus (/ˈæktəs ˈreɪəs/), sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions of England and Wales, Canada, Australia, India, Pakistan, South Africa, New Zealand, Scotland, Colombia, Nigeria, Ghana, Ireland, Israel and the United States of America. In the United States of America, some crimes also require proof of an attendant circumstance.

The terms actus reus and mens rea developed in English Law are derived from the principle stated by Edward Coke, namely, actus non facit reum nisi mens sit rea, which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action.

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