CRIME: CONCEPT, STAGES AND ELEMENT
CRIME: Concept, Stages, and Elements
1. Concept of Crime
Crime is an act or omission prohibited by law, punishable by the state, and considered harmful or dangerous to society. It is a violation of legal norms, attracting penal sanctions.
Legal Definition: Crime is defined as an act or omission which is prohibited and punishable by law.
Social Definition: Crime is conduct harmful to society, deserving punishment.
Components:
Actus Reus (Guilty Act)
Mens Rea (Guilty Mind)
2. Stages of Crime
The commission of a crime usually proceeds through several stages. Understanding these stages is important for determining criminal liability at different points.
a. Intention or Preparation
This is the planning or designing phase.
Mere intention without any overt act is generally not punishable.
However, some jurisdictions criminalize preparation for serious crimes.
b. Attempt
When a person does something towards the commission of a crime but fails to complete it.
An attempt shows the intention to commit the crime and involves some act towards its commission.
Example: Attempt to murder (punishable even if unsuccessful).
c. Commission
The actual performance of the criminal act resulting in the crime.
Completion of the act as defined by law.
d. Accomplishment/Completion
When the intended crime is fully accomplished, and all elements of the offense are present.
This stage leads to the criminal act being legally recognized as a completed crime.
3. Elements of Crime
Every crime generally consists of the following elements:
a. Actus Reus (Guilty Act)
The physical act or omission that breaches the law.
Must be voluntary; involuntary acts do not constitute crime.
Example: Killing, stealing, damaging property.
b. Mens Rea (Guilty Mind)
The mental element or intention behind the act.
Includes knowledge, intent, recklessness, or negligence.
Mens rea differentiates a criminal act from a mere accident.
c. Concurrence
The guilty mind and guilty act must coincide in time.
The intention must motivate the act.
d. Causation
The act must cause the prohibited result.
There must be a direct link between the act and the harm caused.
e. Legality
The act must be defined as a crime by law at the time it was committed.
No crime without law (nullum crimen sine lege).
f. Harm
The act must cause harm to a legally protected interest (person, property, state).
4. Detailed Explanation with Case Laws
Actus Reus and Mens Rea
Case: R v. Cunningham (1957)
Fact: Defendant tore a gas meter to steal money, causing gas to leak and injure a neighbor.
Held: Recklessness requires awareness of the risk and proceeding anyway.
Significance: Established test for mens rea (recklessness).
Case: R v. Larsonneur (1933)
Fact: Defendant was deported involuntarily to the UK, where presence was illegal.
Held: Liability based on actus reus even without voluntary act.
Significance: Strict liability crime.
Stages of Crime: Attempt
Case: R v. Shivpuri (1986)
Fact: Defendant thought he was smuggling drugs but was carrying harmless substance.
Held: Attempt can be convicted even if the crime was impossible to complete.
Significance: Defines the law on criminal attempts.
Concurrence of Actus Reus and Mens Rea
Case: Fagan v. Metropolitan Police Commissioner (1969)
Fact: Defendant accidentally parked on a policeman’s foot and then refused to move.
Held: Mens rea developed after actus reus; together they form crime.
Significance: Establishes concurrence principle.
Causation
Case: R v. White (1910)
Fact: Defendant tried to poison mother but she died of heart attack unrelated to poison.
Held: No causation, no murder.
Significance: “But for” test in causation.
Legality and Harm
No case law needed, but the principle means that acts cannot be criminal if not prohibited by law and must harm legally protected interests.
Summary Table
| Element | Meaning | Case Law Example |
|---|---|---|
| Actus Reus | Guilty act or omission | Larsonneur |
| Mens Rea | Guilty mind/intention | Cunningham |
| Concurrence | Act and intention must coincide | Fagan |
| Causation | Act causes prohibited result | White |
| Legality | Act defined as crime by law | Principle of nullum crimen sine lege |
| Harm | Injury to legally protected interest | General principle |
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