For the prosecution to prove that a crime has been committed, they must prove beyond a reasonable doubt the three elements of a crime i.e. mens rea, actus rea and causation. The exception is for strict liability offences where it is not necessary for the prosecution to prove mens rea. Most students know and understand mens rea (mental state of the offended) and actus rea (conduct of the offender of the act) but few understand the third element of crime – causation. The prosecution must show that there is a link between the act and the crime. That is, it is an act by which an effect is produced. For example, if you stabbed someone and they died on the operating table, it is the act of the stabbing that caused the person to die, rather than the fault of the doctor. A good case to examine on causation is R v Blaue (1975) 1 WLR 1411 CA.
Elements of crime
For the prosecution to prove that a crime has been committed, they must prove beyond a reasonable doubt the three elements of a crime i.e. mens rea, actus rea and causation. The exception is for strict liability offences where it is not necessary for the prosecution to prove mens rea. Most students know and understand mens rea (mental state of the offended) and actus rea (conduct of the offender of the act) but few understand the third element of crime – causation. The prosecution must show that there is a link between the act and the crime. That is, it is an act by which an effect is produced. For example, if you stabbed someone and they died on the operating table, it is the act of the stabbing that caused the person to die, rather than the fault of the doctor. A good case to examine on causation is R v Blaue (1975) 1 WLR 1411 CA.