NCA Canadian Criminal Law Practice Exam

The principle that "an act does not make a person guilty unless the mind is also guilty" is centered on the concept of mens rea, which translates from Latin to "guilty mind." This legal principle emphasizes that, for most criminal offenses, a defendant must not only engage in a prohibited act (actus reus) but also possess a certain level of culpable mental state or intention at the time of committing the act to be found guilty.

Mens rea can vary in its requirements based on the crime; it can involve intent, knowledge, recklessness, or negligence, depending on the specific statutory definition of the offense. This focus on the mental state ensures that punishments are levied on individuals who voluntarily and knowingly commit crimes, reinforcing the notion of moral culpability in criminal law.

While actus reus refers to the physical act of committing a crime, it is the combination of actus reus with mens rea that establishes criminal liability. Strict liability offenses do not require proof of mens rea; thus, the concept of a guilty mind does not apply in those cases. However, the question specifically references the requirement for a guilty mind in the context of determining guilt, making mens rea the correct choice.