ELEMENTS OF A CRIME
Actus reus (outward conduct)
MENSREA(state of mind
The maxim actus reus non facit nis
mens sit rea.
This means that an act does not
make a man guilty of a crime unless
his mind is also guilty.
CASES TO NOTE
• Republic V Ndesario (1969) EA 627
• Haslett V Republic (1967) EA 196
Actus reus
Actusreus includes all the elements in
the definition of the crime except the
accused’s mental element.
ELEMENTS OF ACTUSREUS
• Acts
An act that is doing of something is the most
common basis of actusreus
• OMISSION
An omission i.e. failure to act is a less common
basis of criminal liability than a positive act.
MENSREA
• Intention
section 8(2) of the penal code provides that unless the
intention to cause a particular result is expressly declared
to be an element of the offence constituting the result
intended to be caused by act or intention is immaterial.
• recklessness
It is the deliberate taking of any unjustified risk,
• Negligence
. A person acts negligently when he brings about a
consequence which a reasonable and prudent man would
have foreseen and avoided
COINCENDENCE OF ACTUSREUS AND MENSREA
OFFENCES RELATING TO
ADMINISTRATION OF JUSTICE
• Perjury
This is the swearing willfully, absolutely and falsely in a judicial matter
material to the issue or cause in question.
Section 94 of PCA
• SURBONATION OF PERJURY
section 94(3), section 97 of PCA
• What must the prosecution prove
the witness gave false testimony touching the matter
• Contempt of court
Criminal contempt consisting of words or acts abstract or tending to
abstract the administration of justice contempt in procedure consisting of
disobedience to judges orders or other process of the court.
Contempt by witness
Contempt at chambers
Instances of contempt in case of court
are;
• Insulting and blasphemous remarks during a Trail
• Open interactions of proceedings for example
telephones seizing documents and taking it away
in defense of the court
• A prisoner threatening his fellow prisoner in the
dock
• Flinging an egg or at object at a magistrate or
judge.
• DISOBENDIENCE OF LAWFUL ORDERS
Section 117 of PCA