ABSTRACT

In Chapter 1, it was noted that a crime has two elements: actus reus, the criminal act, and mens rea, the intent to commit the act or ‘guilty mind’. It was also noted that there are instances where some individuals, such as children below the age of criminal responsibility, are judged not to have the capacity for criminal intent and therefore do not face criminal proceedings. Another class of people who may not have the capacity for criminal intent are those people with a mental disorder.