Mens rea is a Latin term which means ‘guilty mind’. It is the mental element of a person’s intention to commit a crime, or it is the knowledge that one’s action or lack of action that would result in a crime.

To establish criminal liability it is necessary to understand elements of a crime. Crimes can be broken down into elements, which the prosecution must prove beyond a reasonable doubt. Criminal elements are set forth in criminal statutes or cases in jurisdictions that allow for common-law crimes.