Crime and principles of criminal liability

Crime and principles of criminal liability

1. Burden of proof

   • In criminal proceedings the prosecution has the burden of proving that the accused is guilty (also known as the onus of proof).
   • Strict liability crimes
     • It is not necessary to prove that the offender was of a guilty mind prior to committing the crime for them to be found guilty of committing it.
       • For example a traffic offence or selling liquor to people under age.
     • Standard of proof
       • This is where the prosecution must prove that the offender is guilty of the crime beyond reasonable doubt.
   • Presumption of innocence
     • A person is presumed to be innocent until he or she is proved to be guilty.
     • Age of criminal responsibility
       • It is presumed that a child under the age of 10 years cannot form the intention to commit a crime. A child less than 10 years cannot, therefore, be charged with committing a crime.

2. Crime

   • Crime can be defined as an act or omission that is against an existing law, harmful to an individual or society as a whole and punishable by law.
   • Actus Reus
     • Guilty act
     • Mens rea
       • Guilty mind