1. Nature of Crime Flashcards
What is crime?
An act or an omission that results in the harm of society and is punishable by the state and the law.
Who prosecutes crimes?
The state, as crimes are seen to harm society.
What are the two elements of a criminal offence that the prosecution must prove?
- Actus Reus: the guilty act
- Mens Rea: the guilty mind
Define Actus Reus.
The physical performance or the conduct element of a criminal act.
Define Mens Rea.
The mental state or intent of the defendant at the time of the crime.
What are the three main levels of mens rea?
- Intention
- Recklessness
- Criminal Negligence
What does intention in mens rea refer to?
Clear, malicious, or wilful intention.
What does recklessness in mens rea refer to?
The accused was aware that their action could lead to a crime being committed but chose to take that risk anyway.
What does criminal negligence in mens rea refer to?
The accused fails to foresee the risk where they should have, allowing avoidable danger to occur.
What is doli incapax?
The common law presumption that a child aged 10-14 is incapable of criminal intent unless proven otherwise.
In doli incapax cases, who has the onus of rebutting the presumption?
The state must disprove a lack of intent.
What was the outcome of R v LMW regarding doli incapax?
The jury found the accused not guilty of manslaughter due to the presumption of doli incapax.
What is the reasonable person test?
The test by which courts judge the criminality of an act, assessing what a reasonable person would have done in the same circumstances.
What is the presumption of innocence?
The principle that the prosecution must prove guilt; the defendant does not prove their innocence.
What are strict liability offences?
Minor offences where the prosecution does not need to prove mens rea; proof of the act alone is sufficient.
Which offence requires only actus reus to be proven?
Strict liability offences.
Fill in the blank: The actus reus must be _______.
[voluntary]
In the context of causation, what is the ‘but for’ test?
A test to determine if the act was the substantial cause of the harm.
What is the significance of R v Blaue in terms of causation?
It established that the act must be the substantial cause of the harm, not the victim’s subsequent actions.
What is the purpose of mandatory minimum sentences in NSW?
To reduce the discretion judges have in determining sentences.
What was the outcome of the Loveridge case?
Loveridge was sentenced to 7 years and 2 months for manslaughter.
True or False: The prosecution must prove both mens rea and actus reus beyond a reasonable doubt.
True.
What is the outcome for defendants found not guilty by reason of mental illness?
They are detained indefinitely under mental health legislation.
What is the key difference between actus reus and mens rea?
Actus reus refers to the physical act, while mens rea refers to the mental intent.
What happens if a defendant claims a lack of mens rea?
They may argue that they did not have the necessary intent to commit the crime.
