Which body of law uses the maxim ‘actus non facit reum nisi mens sit rea’ to express the general…
The maxim expresses the common-law principle that criminal liability ordinarily requires the relevant guilty mind as well as the prohibited act. The precise mental element…
Choose your answer
Which body of law uses the maxim ‘actus non facit reum nisi mens sit rea’ to express the general requirement of a guilty mind in criminal liability?
Answer and explanation
Correct answer C
The maxim expresses the common-law principle that criminal liability ordinarily requires the relevant guilty mind as well as the prohibited act.
The precise mental element depends on the offence, and a statute can exclude it.
DPP v Majewski, [1976] UKHL 2.
Option feedback
Option A
The cited maxim expresses a common-law principle of criminal liability.
Option B
The Latin wording does not make this rule a doctrine of Roman private law.
Option C
The maxim expresses the ordinary common-law relationship between the criminal act and the mental element.
Option D
Canon law is not the body of law in which the cited court applies this criminal-law maxim.
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