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NeCede's

Maxim 3.6.5

The act and the intent must both concur to constitute a crime.

Actus et intentio debent concurrere ut constituant crimen.

Source: 7 T.R. 514; Broom, Max. 306; Howard v. Sexton, 4 N.Y. 157, 159 Difficulty 1/5 — Foundational

Explanation

A criminal prosecution must prove both the outward act (actus reus) and the inward intent (mens rea). Failure on either element defeats the charge.

Where this applies

  • A prosecutor must prove both that the accused did the act and intended to do it.
  • A criminal charge fails because there is no evidence of intent even though the act occurred.

Legal domains

criminal

See also

Cite this maxim

NeCede Max. 3.6.5 — The act and the intent must both concur to constitute a crime. — 7 T.R. 514; Broom, Max. 306; Howard v. Sexton, 4 N.Y. 157, 159 (Actus et intentio debent concurrere ut constituant crimen.)

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