ABSTRACT

The prosecution’s task is to demonstrate to the jury (or magistrates) beyond reasonable doubt:

• that the defendant brought about the prohibited act, omission or state of affairs. This is called the actus reus;

• that the defendant did this with the state of mind prescribed by the definition of the crime. This is called the mens rea; and

• that the defendant is not entitled to the benefit of any defence which may have been argued on his or her behalf.