Adervesary System
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LEGAL STUDIES
HSC NOTES
PART 1-CRIME
Meaning of crime: Crime is best described as an act or omission which harms society and the individuals in it, for which punishment by the law is enforced by the state.
The elements of crime:actus reus, mens rea
- Mens rea(guilty mind) intended to commit the crime.
- Actus rea(guilty act) Guilty act
MENS REA refers to the mental sate of the offender. The prosecution must be able to show that te accused sufficiently intended to commit the crime. The three main forms are:
Intention- Where the accused meant ti carry out the criminal action an it was not an accident.
Recklessness- An intermediate level of intent, this means that the accused was aware that that their actions could lead o the crime being committed but chose to take that risk anyway.
Negligence- Refers to the accused acting in a way that fails to prevent the harm or death of a person. Negligence can occur by an action e.g throwing a firework at someone, or by an omission which is a failure to act in a manner that has created harm or death.
ACTUS REA is the actual carrying out of the crime. It is used to refer to the conduct of the offender. It can be seen on the form of wrongful act or an omission that breaks the law. The offender did in fact carry out the criminal act.
Strict Lability Offence
A strict lability offence is one where the prosecution only needs to prove that the accused carried out the the act(actus rea) and is not required to show that the accused intended in any way to commit the crime.
Causation
When the prosecuting the legal case system must be able to prove causation, meaning that there exists a ‘cause and effect’ link between the act and the crime.
CATEGORIES OF CRIME
Offenses against the person-
Homicide- Homicide is the unlawful killing of one person by another. Homicide is categorized into two types:
• Murder is the killing of one person by another with malice intention to kill the victim.
•...
HSC NOTES
PART 1-CRIME
Meaning of crime: Crime is best described as an act or omission which harms society and the individuals in it, for which punishment by the law is enforced by the state.
The elements of crime:actus reus, mens rea
- Mens rea(guilty mind) intended to commit the crime.
- Actus rea(guilty act) Guilty act
MENS REA refers to the mental sate of the offender. The prosecution must be able to show that te accused sufficiently intended to commit the crime. The three main forms are:
Intention- Where the accused meant ti carry out the criminal action an it was not an accident.
Recklessness- An intermediate level of intent, this means that the accused was aware that that their actions could lead o the crime being committed but chose to take that risk anyway.
Negligence- Refers to the accused acting in a way that fails to prevent the harm or death of a person. Negligence can occur by an action e.g throwing a firework at someone, or by an omission which is a failure to act in a manner that has created harm or death.
ACTUS REA is the actual carrying out of the crime. It is used to refer to the conduct of the offender. It can be seen on the form of wrongful act or an omission that breaks the law. The offender did in fact carry out the criminal act.
Strict Lability Offence
A strict lability offence is one where the prosecution only needs to prove that the accused carried out the the act(actus rea) and is not required to show that the accused intended in any way to commit the crime.
Causation
When the prosecuting the legal case system must be able to prove causation, meaning that there exists a ‘cause and effect’ link between the act and the crime.
CATEGORIES OF CRIME
Offenses against the person-
Homicide- Homicide is the unlawful killing of one person by another. Homicide is categorized into two types:
• Murder is the killing of one person by another with malice intention to kill the victim.
•...