What Does It Mean if You Have Been Charged with an Offence?
A criminal charge is an accusation that you have committed a crime.
In order for there to be a conviction against you, the prosecution must prove the elements of the criminal charge.
Every criminal offence is comprised of two elements:
1. Actus reus (physical act)
The prosecution must prove that you committed an act that amounts to the elements of the offence.
2. Mens rea (‘guilty mind’)
This is the accused’s state of mind at the time the alleged crime occurred.
One of the following states of mind at the time the alleged crime occurred.
One of the following states of mind must be proved:
1. Intention
2. Knowledge
3. Recklessness
4. Negligence
Both the physical and mental elements must be proved beyond reasonable doubt by the prosecution. If the prosecution fails to establish this, you will be found not guilty.
Establishing the Elements of a Criminal Charge
The prosecution must prove every element of the offence beyond reasonable doubt. Every offence has elements that must be satisfied.
At Jay & Co we specialise in a range of criminal matters. If you have been charged with an offence, please do not hesitate to contact us.
