Criminal liability is based upon a combination of actions (actus reus) and thoughts (mens rea). This is expressed by the maxim actus non facit reum nisi mens sit rea which means that an act alone will not give rise to criminal liability unless it was done with a guilty state of mind. If actus reus and mens rea are established and there is no valid defence, the defendant is guilty. The onus is on the prosecution (burden of proof) to establish the elements of the offence beyond reasonable doubt (standard of proof). Actus reus and mens rea These are the building blocks of criminal liability. In simple terms,…