CPC 6.3 Flashcards

1
Q

What does the term ‘actus rea’ refer to?

A

The guilty act

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2
Q

What does the term ‘men’s rea’ refer to?

A

The guilty mind

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3
Q

What are the 2 Latin terms that equal a crime?

A

Actus reus and Mens rea

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4
Q

s195 Crimes Act 1900 (NSW) relates to?

A

Destroying or damaging property

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5
Q

What are the 4 elements of s195 of the Crimes Act 1900 (NSW)?

A

The accused
Intentionally or recklessly
Destroyed or damaged property
Belonging to another (or that person and another)

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6
Q

What does the term ‘doli incapax’ mean?

A

Essentially ‘incapable of doing wrong’

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7
Q

What do strict liability offences refer to?

A

Offences where police are not required to prove mens rea (e.g. a speeding offence)

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8
Q

At what age is a person considered NOT criminally liable in NSW?

A

Under 10 years

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9
Q

What are the two ways in which actus reus can be established?

A

Negative act and positive act

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