Flashcards
Elements of Crime
Flashcards do conjunto (9)
- 1actus reusthe guilty act; the accused committed the crime
- 2mens reathe guilty mind; the accused intended to commit the crime
- 3causationthere is a sufficient causal link between the actions of the accused and the result of the crime
- 4mens rea: intentiona clear, malicious intent to commit the crime
- 5mens rea: recklessnessthe accused was aware that their actions could lead to a crime being committed but chose to take the risk anyway
- 6mens rea: criminal negligiencethe accused failed to foresee the risk and therefore allowed a crime to take place
- 7in which offences does mens rea not need to be proven?strict liability offences
- 8what are some examples of strict liability offences?driving offences (eg. speeding, drunk driving), and breaches of regulations (eg. making a fire whilst a fire ban's in place
- 9R v Munter [2009] NSWTodd Munter punched Ken Proctor over a dispute, and Proctor later died of a heart attack as a result of injuries inflicted. Although Munter did not intend to kill Proctor, he was charged with manslaughter as there was a sufficient causal link between the assault and Proctor's death.
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- High School Legal Studies FlashCards sobre Elements of Crime, criado por crystal.elizabet em 02-02-2014.
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